IT PAYS TO PAY WITH ONESTPAY
OnestPay Terms and Conditions
Effective date: March 31, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND ONESTPAY.
FURTHER, THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND ONESTPAY ARBITRATE CERTAIN CLAIMS BY BINDING; INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION SUCH THAT YOU ARE ONLY PERMITTED TO BRING AN INDIVIDUAL ACTION (SEE "BINDING ARBITRATION AND CLASS ACTION WAIVER"). IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION AND CLASS WAIVER."
YOU HEREBY ACKNOWLEDGE THAT ONESTPAY IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. ONESTPAY SERVICE PROVIDES YOU WITH TOOLS TO ASSIST YOU IN YOUR EVERYDAY SPENDING, FINANCIAL PLANNING, AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT, AND SPENDING DECISIONS.
Welcome to OnestPay. These terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), are entered into by and between
The individual person who creates the associated OnestPay Account (as defined below) and each and all of the persons who are granted access to, accept, or use the account (“you”), and
OnestPay, Inc., a Delaware company and any other entity in the OnestPay company group shall be referred to collectively herein as “OnestPay,” “we,” “us,” or “our”.
These Terms and Conditions govern your access and use of our websites at https://www.onestpay.com along with any other path segments or subdirectories, and our mobile applications (the “OnestPay App”) in connection with our products and services (collectively, the “OnestPay Service”), whether as a guest or a registered user.
OnestPay Service is offered and available to any user who is 18 years of age or older, has the legal capacity to form a binding contract with OnestPay, and is a legal resident of the United States. By using the OnestPay Service, you represent and warrant that you meet all of the foregoing eligibility requirements and that your registration and use of the OnestPay Service is not in violation of any applicable Law (as defined below). If the foregoing sentence isn’t true, you may not access or use the OnestPay Service, and doing so is a violation of our Terms and Conditions.
By using any part of the OnestPay Service (or by clicking to accept or agree to the Terms and Conditions when this option is made available to you), you accept and agree to be bound by and abide by these Terms of Conditions and our Privacy Policy, found at https://www.onestpay.com/privacypolicy. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the OnestPay Service.
We reserve the right to change these Terms and Conditions from time to time for any reason, by posting the updated Terms and Conditions to https://www.onestpay.com/termsofuse.
1. Scope of Service
OnestPay may alter, suspend, or discontinue the OnestPay Service, in whole or in part, or restrict access to portions of our OnestPay Service, for some or all users, at any time and for any reason. OnestPay Service may also periodically become unavailable to you due to maintenance or malfunction of computer equipment, network or for other reasons. OnestPay does not provide any equipment and internet service necessary to access the OnestPay Service, and you are responsible for obtaining any such equipment and service in order to access and use the OnestPay Service.
1.1 Responsibility for Equipment and Related Costs
You are solely responsible for obtaining, maintaining, and operating all devices, hardware, software, telecommunications, and Internet services required to access and use the OnestPay Service. This includes, but is not limited to
Computer or mobile devices,
Stable Internet connections,
Web browsers or apps,
Any service plans required for data or Internet usage.
OnestPay does not provide any of the above equipment or services and is not responsible for any costs you incur, including but not limited to Internet access fees, mobile data charges, long-distance telephone charges, or other third-party fees associated with your use of the OnestPay Service.
Additionally, you acknowledge and agree that you (and not Company) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
1.2 OnestPay Service
OnestPay is a digital platform that enables consumers to purchase, gift, trade, donate, or redeem prepaid merchant credits powered by gift card infrastructure. These credits may be redeemed for goods and services at participating merchant locations through single-use digital gift cards issued in real time via OnestPay’s integration with third-party gift card resellers.
The platform also provides:
(i) Digital Wallet Management: Users can fund wallets via linked bank accounts and manage their credit balances.
(ii) Merchant Marketplace: Participating merchants can list promotional offers, configure bonuses, and view analytics dashboards.
(iii) Social Commerce Tools: OnestPay supports gifting, pooling, and sharing of credits between users and offers parental control features through Sponsored Accounts.
(iv) Analytics and Reporting: Merchants gain access to real-time data on credit redemptions, campaign performance, and customer engagement.
Use of OnestPay Services is governed by these Terms and Conditions, as well as any applicable agreements with payment processors, card resellers, and third-party vendors
2. Registration
2.1 Registered Users
Certain parts of the OnestPay Service are reserved for registered users. In order to become a registered user (or “Client”), we will ask you to complete a registration form, and also to select a username and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (including your name, email address, and mobile phone number) and if you are planning to move funds in/out of OnestPay platform, certain financial and non-financial information (such as your primary bank account information, date of birth and other information) may be required, which are collectively referred as your “User Profile”.
You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your OnestPay Account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission, so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials or any access or use of your OnestPay Account with your permission, assent or knowledge, or that you should reasonably have known about.
You agree that you will maintain and promptly update your User Profile to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to suspend access to or terminate your OnestPay Account and refuse any and all current or future use of the OnestPay Service by you.
2.2 User Names and Passwords
You may not select a username or email address that is already in use, impersonates another individual, infringes upon the rights of others, or is deemed offensive or inappropriate by OnestPay at our sole discretion. Your username and password are for your personal use only. You must not share your credentials with any third party or transfer access to your OnestPay Account. You are responsible for all activities conducted under your credentials, whether or not authorized by you. You agree to log out after each session and promptly notify us of any unauthorized access or breach of security related to your account. OnestPay disclaims all liability for loss or damages resulting from your failure to comply with these obligations.
2.3 Identifying Information
We may at any time require you to provide additional information in order to verify your identity. This information may include but is not limited to your address, date of birth, Social Security Number (SSN), a copy of your driver’s license or such other information or documentation as we may deem necessary. Such information may be required, for instance, in order to meet our legal obligations or the requirements of OnestPay’s Partner Banks/Payment Processors. More information on how we may use your personal information can be found in our Privacy Policy.
2.4 User Data and Privacy
OnestPay is committed to protecting user data and follows industry-standard security practices including encryption, tokenization, and secure API communication. We collect user data such as name, contact information, transaction history, and financial account details for the purposes of onboarding, compliance, and service delivery. This information is stored securely and shared only with trusted third-party providers to complete authorized transactions. For more information, please refer to the OnestPay Privacy Policy
2.5 Acknowledgement to Receive Email, Push Notifications or Text Messages.
As a user of the OnestPay Service, and by your acceptance and agreement to these Terms and Conditions, you expressly consent to receive emails, push notifications and text messages from us regarding the OnestPay Service and your OnestPay Account. Please be aware that standard data and messaging rates may apply to the receipt of text messages. We may from time to time send you push notifications or email messages with information about upcoming events, or information about other service offerings from us and our partners. You may opt out from receiving certain of such correspondence by updating your notification settings within the OnestPay App, emailing support@onestpay.com, or selecting to unsubscribe as may be provided in the applicable correspondence.
2.6 Electronic Signature and Communications Consent (E-Sign Consent)
This E-Sign Consent (“Consent”) outlines how OnestPay, Inc. (“OnestPay,” “we,” “us,” or “our”) delivers legally required communications and obtains your agreement and electronic signatures. By accessing or using any part of the OnestPay™ platform, you agree to receive all communications and notices from us electronically and to use electronic signatures in place of paper documents and wet ink signatures.
Scope of Consent
This Consent applies to all communications between you and OnestPay, including but not limited to:
(i) Terms of Service, Privacy Policy, and any amendments or notices;
(ii) Payment authorizations and transaction confirmations;
(iii) Account statements, billing notices, and balances;
(iv) Promotions, reward program terms, and offers;
(v) Compliance disclosures, legal notices, and regulatory statements;
(vi) Federal and state tax documents, as applicable.
These communications (“Disclosures”) may be provided via:
(i) Email to your registered address,
(ii) SMS or text messages,
(iii) In-app or website notifications,
(iv) Posting to your OnestPay dashboard or user account area.
Your use of electronic methods such as checking a box, clicking “I Agree,” entering login credentials, or engaging with features in the app shall constitute a valid and legally binding electronic signature.
System Requirements
To receive and retain electronic communications, you must maintain:
(i) A computer, smartphone, or tablet with internet access;
(ii) A current operating system and supported browser (e.g., latest versions of Chrome, Safari, or Firefox) with 256 bit encryption;
(iii) Access to a working email account and ability to receive SMS, if mobile verification is required;
(iv) Adequate storage or printing capabilities to retain Disclosures.
You are responsible for ensuring that your contact details—especially your email address and mobile number—remain current in your OnestPay account. To avoid miscommunication, you must add support@onestpay.com to your email's safe sender list.
Paper Copies of Disclosures
You have the right to request a paper copy of any specific Disclosure. To do so, contact us in writing within 180 days of the original date of the Disclosure at:
OnestPay, Inc.
100, N. Tryon Street, Suite B220-PMB 113, Charlotte, NC 28202
Attn: Compliance – Legal
Please include your full name, registered email address, and a detailed description of the Disclosure requested. We will provide the copy at no charge. A request for paper copy alone does not constitute a withdrawal of this Consent.
Withdrawal of Consent
You may withdraw your consent to receive Communications electronically at any time by notifying us in writing at the address above or through the Contact Us page on our website. Please note: Withdrawing your consent will restrict your access to OnestPay Services and may result in account suspension or closure.
(i) Withdrawal becomes effective after a reasonable processing period.
(ii) We will confirm the receipt and effective date of your withdrawal in writing, electronically or by mail.
Your Responsibilities
By agreeing to this Consent:
(i) You confirm that you have the required technology to receive, read, and retain electronic Communications.
(ii) You acknowledge that all Communications we send electronically satisfy any legal requirements for “written” disclosures.
(iii) You agree to keep your contact information current.
(iv) You understand that revoking consent may impact your ability to use OnestPay.
We encourage you to print or save a copy of this Consent and any Disclosures for your records.
By continuing to use OnestPay, you acknowledge that you have read and understood this E-Sign Consent and agree to receive all Disclosures electronically and to use electronic signatures in your transactions with us.
3. Funding Source
Any third-party external financial account designated in User Profile as the account from which OnestPay is to debit and/or make other transfers is called your “Funding Source”. You authorize OnestPay to process all your payments directly from your Funding Source. Notwithstanding anything set forth in these Terms and Conditions to the contrary, if OnestPay is unable to collect a payment from your Funding Source, OnestPay reserves the right to freeze or cancel your account in its sole discretion.
Refunds. Other than when expressly set forth in the OnestPay Service Terms and Conditions as updated from time to time, or to correct any errors made by OnestPay, OnestPay has no obligation to provide refunds or credits, but may grant them in certain circumstances in OnestPay’s sole discretion.
3.1 Funding Source Access Authorization
You expressly authorize OnestPay to access information from your Funding Source (as defined below) or other bank accounts that you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions (your “Bank Accounts”), on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you or OnestPay’s third-party processor will be directly connected to the website for the third party you have identified. OnestPay’s third-party processors will submit information including usernames and passwords that you provide to log you into such third-party website(s). You will need to authorize and permit OnestPay’s third-party processor to use and store information submitted by you (such as account passwords and usernames) to accomplish the foregoing and to configure the OnestPay Service so that it is compatible with the third-party sites for which you submit your information. For purposes of these Terms and Conditions, and solely to provide the account information to you as part of the OnestPay Service, you grant OnestPay a limited power of attorney, and appoint OnestPay as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN ONESTPAY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, ONESTPAY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the OnestPay Service is not sponsored or endorsed by any third parties accessible through the OnestPay Service. OnestPay is not responsible for any payment processing errors, third-party fees or other related issues, including those that may arise from inaccurate account information.
3.2 Funds Holding
If you direct funds to be transferred from your Funding Source to your Account, either manually via the OnestPay Site/App, or in accordance with funding rules, within the OnestPay Service (“Rules”) you have established via the OnestPay Site/App, funds will be maintained at one or more of OnestPay’s Partner Banks (chosen in our sole discretion, and subject to change from time to time) for your benefit in an umbrella fiduciary account for the benefit of OnestPay’s users (an “FBO Account”). All funds held in an FBO Account are eligible for the benefits of pass-through FDIC insurance coverage, which means that if one of OnestPay’s Partner Banks fails, your funds at that Partner Bank should be insured by the FDIC for a maximum of $250,000. Note that the FDIC maximum insurable limit applies to the aggregate of all funds you have deposited with that Partner Bank, so any other funds you hold in the same capacity at that Partner Bank outside of your OnestPay Account will also count toward the limit. You will not be entitled to any interest or other earnings that may accrue with respect to the funds held on your behalf in an FBO Account, and you hereby irrevocably assign and transfer to OnestPay any right or interest that you may have therein. However, you remain the beneficial owner of the principal amount of the funds held in an FBO Account on your behalf.
We may from time to time and without notice to you move the funds from an FBO Account at one Partner Bank to an FBO Account at another Partner Bank, for liquidity, backup, storage or any other lawful purpose, but this will not affect your ability to access the funds in your Account, and you remain the beneficial owner of the funds held in your Account.
Transfer and Withdrawal Limits: Certain limits on transfers to and withdrawals from your OnestPay Account may be imposed pursuant to terms with our Partner Banks and in connection with OnestPay's ordinary course fraud and security management system. Inquiries regarding up-to-date transfer and withdrawal limits should be directed to - support@onestpay.com
4. User Content
4.1 Submitted Content
You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the OnestPay Service. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the OnestPay Service and the license granted to OnestPay in the “Ownership and Use of User Content” subsection below. If you choose to provide information or User Content to us, register for or participate in a service, event, or promotion on the OnestPay Service, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
4.2 Ownership and Use of User Content
OnestPay does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant OnestPay a worldwide, royalty free, perpetual and irrevocable license and right to (i) copy, store and use that User Content for the purpose of providing you with the OnestPay Service and other business purposes; (ii) modify the User Content, including to remove identifiers of you and any other individuals or companies, and aggregate such information with other users’ information (collectively, “Aggregated Data”), which we may also copy, store and use for the purpose of providing you with the OnestPay Service and other business purposes; and (iii) use your User Content for marketing purposes in any media format (including publishing or re-publishing). You acknowledge and agree that we may retouch, edit or otherwise alter User Content (such as photos) without your ability to inspect or pre-approve, and that you will not be compensated in any way for our use of your User Content.
4.3 User Content Representations
You represent and warrant that the submission and use of your User Content on or through the OnestPay Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and you agree to pay for all royalties, fees, and any other monies owed by OnestPay for any reason of User Content you submit or use on or through the OnestPay Service.
4.4 Submissions
For purposes of clarity, you retain ownership of any information, content and/or materials that you submit through the Site and/or app (each, a “Submission”). Please note, however, that we need certain rights to your Submissions to be able to make them available on the Site.
Accordingly, you hereby grant to the Company Entities a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and otherwise exploit such Submission, in any media now known or hereafter developed.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. Further, to the extent permitted under applicable law, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Site. In addition, the Company Entities have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any other part of the Site. If you choose to make any of your personally identifiable or other information publicly available in a submission, you do so at your own risk.
You shall not transmit, submit or post the following on OnestPay:
(i) Information that infringes OnestPay’s or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights
(ii) Information that violates any law, statute, ordinance, or regulation
(iii) Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to OnestPay or third parties or that infringes on OnestPay’s or any third party’s rights of publicity or privacy
(iv) Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancel bots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information
(v) Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”
(vi) Information that is false, inaccurate, or misleading;
(vii) Commercial advertisements or solicitations without written permission from Interest.com.
(viii) Federally Trademarked and/or Copyrighted information without written permission from Interest.com.
(ix) Although OnestPay does not regularly review your transmissions, submissions or postings, OnestPay reserves the right (but not the obligation) to edit, refuse to post, or remove your transmissions, submissions, or postings. Pursuant to OnestPay’s Privacy Policy, OnestPay may review transmissions, submissions, or postings made by you to determine, in its sole discretion, your compliance with this Agreement.
4.5 Monitoring
We have the right, but not the obligation, to monitor User Content submitted to the OnestPay Service, to determine compliance with these Terms and Conditions, including the User Conduct requirements below, and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through the OnestPay Service without prior notice. Without limiting the foregoing, we have the right, but not the obligation, to remove any material that OnestPay, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the User Content that you post to the OnestPay Service. Moreover, OnestPay may terminate your ability to submit User Content if you are determined to be a repeat infringer and/or repeatedly violate the below User Conduct requirements.
4.6 Disclosures of User Content
You acknowledge and agree that OnestPay may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law, rule, regulation, order or other legal, administrative, judicial or governmental process, including but not limited to an audit or examination by a regulatory authority or self-regulatory organization (or by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) (collectively, "Law") or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce the terms of these Terms and Conditions; (b) respond to claims that any User Content violates the rights of third parties; and/or (c) protect the rights, property, or personal safety of OnestPay users, its representatives and/or agents, or the public.
4.7 Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any content on the OnestPay Service infringes upon your copyright, you may notify OnestPay by providing the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
(ii) Identification of the location where the original or an authorized copy of the copyrighted work exists;
(iii) Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit OnestPay to locate the same;
(iv) Information reasonably sufficient to permit OnestPay to contact you, such as an address, telephone number, and, if available, an email address;
(v) 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
(vi) 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 copyright right that is allegedly infringed. Our agent for notice of claims of copyright infringement can be reached as follows: support@onestpay.com
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
5. User Conduct
You understand and agree not to use the OnestPay Service to:
(i) Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
(ii) To violate any Law or for any illegal purpose, including, without limitation, any Law governing theft, wire fraud, money laundering, conversion and any Law relating to financial services or cybercrime.
(iii) Contribute (or purport to contribute) funds to a goal, or create (or purport to create) a goal to which others could make contributions, for the purpose of money laundering or other illegal transferring of funds.
(iv) Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
(v) Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any Law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
(vi) Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
(vii) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to: (a) using the OnestPay Service to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using the OnestPay Service to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
(viii) Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(ix) Stalk or harass anyone.
(x) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through OnestPay.
(xi) Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.
(xii) Interfere with or disrupt OnestPay or servers or networks connected to OnestPay, or disobey any requirements, procedures, policies or regulations of networks connected to OnestPay.
5.1 Rules of Conduct for the Site and App
While accessing and using the Site, you will comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site and app to respect the rights and dignity of others. Your use of the Site and app is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site and app.
You agree that you will not:
(i) Post, transmit, or otherwise make available, through or in connection with the Site and/or app
(ii) Anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express prior consent of the owner of such right
(iii) Any material that would give rise to criminal or civil liability; that promotes gambling; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"
(iv) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may be intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment
(v) Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation
(vi) Any material, non-public information about a company without the proper authorization to do so.
(vii) Use the Site and/or app for any fraudulent or unlawful purpose.
(viii) Use the Site and/or app to defame abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
(ix) Impersonate any person or entity, including, without limitation, any of our representatives; falsely state or otherwise misrepresent your information with any person or entity; or express or imply that we endorse any statement or posting you make.
(x) Interfere with or disrupt the operation of the Site and/or app or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks.
(xi) Restrict or inhibit any other person from using the Site and or app (including without limitation by hacking or defacing any portion of the Site).
(xii) Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
(xiii) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
(xiv) Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
(xv) Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
(xvi) Frame or mirror any part of the Site without our express prior written consent.
(xvii) Create a database by systematically downloading and storing all or any Site content.
(xviii) Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.
Notwithstanding the immediately foregoing sentence (but subject to the other items listed above), we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases, at any time.
6. Access and Interference
You agree that you will not, directly or indirectly:
(i) Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the OnestPay Service or any portion of the OnestPay Service;
(ii) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the OnestPay Service, other than the search engines and search agents, if any, available through the OnestPay Service and other than generally available third-party web browsers;
(iii) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the OnestPay Service; or
(iv) Attempt to decipher, decompile, disassemble or otherwise alter or interfere with any of the software comprising or in any way making up a part of the OnestPay Service.
7. Account Suspension - Closure
We reserve the right to do any of the following, at any time, for any reason, without providing notice to you:
(i) Modify, suspend, or terminate operation of or access to the OnestPay Service, or any portion thereof,
(ii) Modify or change the OnestPay Service, and any applicable policies or Terms and Conditions related thereto (except as described in our Privacy Policy); and
(iii) Interrupt the operation of the OnestPay Service, or any portion thereof, as necessary to perform any maintenance or modifications, at our sole discretion.
If we suspect an unauthorized transaction relating to any OnestPay Account or that the account was created based on fraudulent information or for a fraudulent or illegal purpose, we may freeze the account pending further investigation.
We may close your OnestPay Account at any time with reasonable notice to you. Reasonable notice depends on the circumstances and is determined in our sole discretion in accordance with these Terms and Conditions and our Privacy Policy. In some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we reserve the right to immediately freeze or close your OnestPay Account and then give you notice. Any funds held in your OnestPay Account at the time of termination will be credited to your Funding Source, unless doing so would be impermissible by law. If OnestPay cannot connect to your Funding Source, you will need to link a new checking account in order to receive the funds. Notwithstanding the foregoing, if you have $0.05 or less then no amount will be credited to your Funding Source. If your OnestPay Account has a deficit, we may pursue the collection of such amount. Any items that attempt to post to your OnestPay Account following closure thereof (whether by you or OnestPay) will be returned "Account Closed."
8. Authorization to Initiate ACH Transactions
By accepting these terms and conditions you authorize OnestPay and/or our third-party processor partners to initiate ACH credit and/or debit transactions between your Funding Source and your OnestPay Account. These transactions will either be initiated in the OnestPay App by you ("Manual Transfers") or initiated by OnestPay including, without limitation, transactions based on Rules you have set up through the OnestPay Service or with respect to payment of fees and/or other amounts owing by your use of the OnestPay Service. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. Periodic ACH transactions will be generated by OnestPay to move funds from your Funding Source to your Account (as applicable) based on the Rules you have established. Manual Transfers will be processed when authorized by your entry.
For your security, transfers from your Funding Source to your Account will not be immediately available for withdrawal back to your Funding Source until a period of four (4) business days has elapsed.
Subject to the prior sentence, Manual Transfers can be initiated for same-day transfer or withdrawal ("Express Transfers") from your Account if received before 11 a.m. Central Time, Monday through Friday on non-bank holidays, for an additional fee. You authorize OnestPay and/or our third-party processor partners to initiate ACH credit and/or debit transactions from your Funding Source and/or OnestPay Account to process any such Express Transfer fees.
You further authorize OnestPay and/or our third-party processor partners to initiate ACH credit and/or debit transactions to or from your Funding Source and/or OnestPay Account to correct any erroneous credit or debit activity or to pay any return fees.
You understand that this authorization will remain in full force and effect until you notify OnestPay that you wish to revoke this authorization. You understand that OnestPay requires at least three (3) business days' prior notice in order to cancel this authorization. You agree not to initiate any transfers which would cause your OnestPay Account to have a deficit.
9. Automated Clearing House Transactions
You acknowledge that it is your responsibility to provide correct payment instructions for your Funding Source to OnestPay and its third-party service providers when requested in connection with the OnestPay Service. You agree to be bound by the National Automated Clearing House Association operating rules and any applicable local ACH operating rules. You acknowledge that mismatched, incorrect, or incomplete identifying information regarding your Funding Source or in payment instructions to make a deposit or pay subscription fees may result in an ACH transfer being rejected, lost, posted to an incorrect account or returned to the bank that maintains your Funding Source without notice to you. You agree that OnestPay and/or its third party service providers may request and that OnestPay and/or its third-party service providers may make ACH transfers solely by reference to the account number of the recipient. OnestPay and its third-party service providers shall not be obligated to determine whether there is a discrepancy relating to names or account numbers in transfers between your OnestPay Account and your Funding Source.
9.1 Settlement Timelines
OnestPay processes fund transfers with reasonable commercial effort. Bank account linking via Plaid and verification may take up to 1–2 business days. ACH transfers from customer bank accounts to OnestPay's wallet are typically processed within 1–3 business days, though delays may occur due to bank holidays or verification requirements.
10. Funding Source Verification
The Funding Source verification process is in place to ensure a Funding Source is compatible with the OnestPay Service and supports ACH transfers, and to verify external Funding Source account ownership.
One of two methods are used to successfully verify a Funding Source:
(i) The external funding source will be accessed by our data integration partner and ownership and ACH support will be verified; or
(ii) Two small credit transactions will be sent for processing to the external Funding Source. The amounts of those credits will then be immediately debited out of the Funding Source. You will need to verify the external Funding Source by entering the deposit amounts in the required fields provided in your OnestPay Account. You will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source.
11. Shared Account
As a part of the OnestPay Service, OnestPay may also provide you with Share Account Feature; a feature which gives you the ability to share your Account information with another OnestPay account holder that you designate, such as a family member ("Share Team," and such person who also agrees to such sharing, your "Share Team Partner"). When you and your Share Team Partner opt in, your Share Team Partner may import and view your account information.
YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM SHARING ACCOUNT INFORMATION WITH OTHER ONESTPAY USERS. ONESTPAY IS NOT RESPONSIBLE FOR ANY CONSEQUENCE OF ANY USE OR DISCLOSURE OF YOUR ACCOUNT INFORMATION BY YOU OR ANY ONESTPAY USER WITH WHOM YOU SHARE YOUR ACCOUNT INFORMATION.
12. Sponsored Accounts
12.1 Eligibility
If you are twenty-eight (28) years of age or older, you may authorize a Sponsored Account on OnestPay for a minor aged thirteen (13) or older ("Sponsored User"), provided you are at least fifteen (15) years older than the Sponsored User. You must be the Sponsored User's biological/adoptive parent or a legal guardian, foster parent, stepparent, or grandparent residing in the same household.
We may request supporting documentation and reserve the right to approve, restrict, or revoke Sponsored Account access at our sole discretion.
12.2 Ownership & Responsibility
As the sponsor, you are the legal owner of the Sponsored Account and assume full responsibility for all activity within it. This includes:
(i) Purchases, gifting, or redeeming of merchant credits.
(ii) Any platform fees, penalties, or liabilities.
(iii) Tax reporting associated with the Sponsored Account.
You authorize the Sponsored User to use their account independently for eligible actions such as redeeming credits, receiving gifts, or participating in group purchases. Sponsored Users can access their account via the OnestPay app or website, but Sponsors may retain view-only access and control over allowances and activity tracking.
12.3 Permissions & Privacy
By creating a Sponsored Account, you consent to OnestPay communicating directly with the Sponsored User and sharing necessary account data with them. You represent that you have legal permission to share their information per our Privacy Policy and applicable laws.
12.4 Withdrawals of Sponsorship
You may revoke sponsorship by contacting OnestPay Support. Upon revocation, we may freeze the Sponsored Account and restrict future activity until a new sponsor is assigned or the Sponsored User meets eligibility to manage the account independently.
12.5 Feature Access & Limits
Sponsored Accounts may be limited in feature access, such as:
(i) Age-based restrictions or high-value redemptions.
(ii) Daily and monthly transaction limits.
(iii) Merchant or industry restrictions.
Sponsors may set recurring allowances (e.g., weekly/monthly merchant credit transfers) to the Sponsored Account.
12.6 Graduation of Account
Once a Sponsored User turns 18, OnestPay will verify their identity. Upon successful verification, they will become the full legal owner of the Sponsored Account, including any stored value and associated transaction history.
If verification fails, the account may be frozen or closed, and stored credits may be liquidated or refunded according to OnestPay policies.
12.7 Taxes & Liability
As the legal account owner, you are responsible for any applicable tax obligations or liabilities resulting from the Sponsored Account's activity.
13. Third-party Service Providers
OnestPay engages third parties in order to provide certain aspects of the OnestPay Service to you. Third-party services are used to, among other things: verify your identity, speed up and streamline on-boarding, process transactions, provide connectivity to other third parties (such as third-party financial institutions or service providers), retrieve financial data, and aggregate data.
These third parties will have access to information provided by you to OnestPay so that they can provide you with the OnestPay Service or with the bank account services you register for in connection with the OnestPay Service. These third parties may also have additional terms that apply to your use of their services (e.g., a separate terms and conditions or privacy policy), which we do not control and, to the fullest extent permitted by law, disclaim all responsibility and liability for. OnestPay may employ different or additional third parties for these services from time to time in its sole discretion. In addition, to the extent that OnestPay is permitted to undertake any action under these Terms and Conditions, you agree that we may permit our third-party financial institutions or subcontractors to undertake such action on our behalf.
You agree OnestPay may access any account you have set up through our third-party service providers in connection with the OnestPay Service. We may use that information in order to provide you with the OnestPay Service, to develop our products and services, and for our internal business purposes.
The foregoing examples are intended to be illustrative and are not intended to be a comprehensive list of all third party service providers engaged by OnestPay.
14. Timeliness and Accuracy of External Data
The content, services, and products provided through OnestPay are made available to you on an "as is" and "as available" basis. OnestPay makes no representations, warranties, or guarantees, express or implied, regarding the operation of the platform.
You expressly acknowledge and agree that your use of OnestPay and any services or products offered through the platform is at your sole risk. OnestPay does not guarantee that content or data retrieved via the platform is accurate, complete, up to date, or free from technical issues. When displayed through the OnestPay Service, such account information is current only as of the time reflected in the retrieval timestamp. This data may be more accurate or current when obtained directly from the third-party sources.
As part of the service, OnestPay may retrieve account or financial data from your bank accounts or other third-party institutions through its relationships with one or more online financial service providers. OnestPay does not review this data for accuracy, legality, or non-infringement, and makes no warranties regarding its correctness or completeness. You are solely responsible for verifying the accuracy and relevance of any financial data, product, or service used in your personal decision-making.
OnestPay cannot foresee or control technical failures, delays, or other issues that may impact the retrieval or accuracy of data, personalization settings, or other user inputs. As such, OnestPay shall not be liable for the timeliness, deletion, delivery failure, or storage issues related to your data or communications.
You agree that all information you provide to OnestPay or any participating financial institution, including but not limited to personally identifiable information and financial details ("Customer Information"), shall be true, accurate, current, and complete. You shall not impersonate any individual or entity, misrepresent your identity, or otherwise provide fraudulent, misleading, or inaccurate information. You further agree to promptly update any information upon request to ensure it remains accurate and complete.
Please refer to OnestPay's Privacy Policy for further details on how Customer Information is collected, used, stored, and disclosed. Subject to the Privacy Policy, OnestPay retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store such Customer Information in any form or media, known or unknown.
15. OnestPay Content and Services
OnestPay site provides you with access to certain services, such as referrals to products, services and suppliers that may be of interest to you (the "Site Services"), and to certain content provided by us or by third parties, such as news and information regarding such products, services and suppliers in various industries (the "Site Content"). In addition to the other terms and conditions of this agreement, please carefully note the following regarding our services and content:
15.1 Content
OnestPay site may include Site Content. We provide any such Site Content solely for your convenience, and such Site Content
(i) Is not intended as a substitute for professional advice;
(ii) Should not be construed as the provision of advice or recommendations; and
(iii) Should not be relied upon as the basis for any decision or action, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision.
OnestPay is not responsible for the accuracy or reliability of any Site Content. Site Content is not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any Site Content available through the site. The relationship between you and us is not a professional or similar relationship; always seek the advice of a qualified professional with respect to any question that you may have, and never disregard professional advice or delay in seeking it because of something that you have read on the site. We neither recommend nor endorse any specific products, opinions, or other Site Content that may be made available through or mentioned on the Site.
Site Content may be provided by our employees as well as by third parties. Please note that third parties may post messages, provide materials or make statements that are inaccurate, misleading, or deceptive. OnestPay, our merchants, our employees, officers, directors, agents, representatives, licensors, suppliers and service providers (collectively with us, the "Company Entities") do not endorse and are not responsible or liable for any Site Content, or any opinion, advice, information or statements in such Site Content, or your use of any Site Content.
Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on Site Content or for any results obtained by using any such Site Content. The opinions expressed in the Company Entities reflect solely the opinions of the individuals who submitted such opinions, and may not reflect our opinions. Your use of this site and reliance on any Site Content is solely at your own risk.
15.2 Restrictions
OnestPay and its content providers own all of the content, materials, and other intellectual property on or related to the website, including, without limitation, all text, graphics, photographs, music, data, images, audio and video clips, software, names, button icons, logos, images, designs, titles, words or phrases, page headers, service names, trademarks, patents, and copyrights (collectively, "Content"). You have no rights to the Content, except as expressly set forth in these Terms. Any use of the Content, except as permitted by these Terms, is expressly prohibited. The Content is registered and/or protected by U.S. and international copyright, trademark, and other laws. You will not remove any copyright or other proprietary notices contained on the website. You will not delete or change any copyright or trademark notices, nor will you alter or modify the Content in any manner without the prior express written permission of OnestPay.
You further agree that you will not:
(i) Use the website to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute in any way material or content that infringes any copyright, trademark, proprietary, or other right of any party or that violates these Terms
(ii) Copy (except as set forth above for non-commercial personal use), modify, distribute, create any derivative or compilation work from, or display OnestPay 's name or logo, or any text, graphic images, or other Content or redeliver Content using framing or similar technology
(iii) Use any device designed to provide repeated automated access to any website other than those devices made generally available by OnestPay on the website
(iv) Include any OnestPay trademarked materials, the name of any OnestPay personnel, or any variation of these items as a meta tag or hidden textual element, or in any other fashion that may create a false or misleading impression of sponsorship, or endorsement between OnestPay and you, any other party, or any other website, or otherwise use these items without OnestPay's express written permission
(v) Collect, harvest, or store personal data about other users of the website or use or attempt to use another's account on the website
(vi) Upload, e-mail, or otherwise transmit to OnestPay or any user or through the website or any OnestPay's computer network by any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain letters," "pyramid schemes," or other inappropriate or prohibited materials; or any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the website or any computer software, hardware or communications equipment that is owned, leased or used by OnestPay
(vii) Create a link to the website without OnestPay's prior written permission
(viii) Use the website to post or transmit any threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law
(ix) Use any robot, spider, scraper, or any other automated means to access the website for any purpose without OnestPay's prior express written permission
(x) Forge any TCP/IP packet header or any part of the header information in any e-mail or posting
(xi) Take any action that imposes, or may impose, in OnestPay's sole discretion, an unreasonable or disproportionately large load on the OnestPay or website infrastructure
(xii) Interfere or attempt to interfere with the proper working of the website or any activities conducted on the website
(xiii) Bypass measures used by OnestPay to prevent or restrict access to the website, violate or attempt to violate the security or authentication measures of the website, or attempt to prove, scan, or test the vulnerability of the website or any OnestPay's network without proper written authorization from OnestPay.
16. Alerts
16.1 Automatic Alerts
OnestPay may from time to time provide automatic alerts. Automatic alerts may be sent to you following certain changes made online to your User Profile or your Accounts. Electronic alerts will be sent to the email address and/or mobile number you have provided. If your email address or your mobile number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your OnestPay username and some information about your Bank Accounts.
16.2 Disclaimer
You understand and agree that any alerts provided to you through the OnestPay Service may be delayed or prevented by a variety of factors. OnestPay does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that OnestPay shall 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.
17. OnestPay's Intellectual Property Rights
17.1 Contents
The contents of the OnestPay Service, including, without limitation, our websites, the OnestPay App, their respective "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including, without limitation, html-based computer programs), trademarks, trade names and/or service marks, and all materials incorporated herein are protected under both United States and other applicable copyright, trademark and intellectual property laws. The contents of the OnestPay Service belong to or are licensed to OnestPay or its software or content suppliers. OnestPay grants you the right to view and use the OnestPay Service subject to these Terms and Conditions. You may download or print a copy of information provided on the OnestPay Service for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the OnestPay Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.
17.2 Feedback
While we welcome your feedback, ideas, and suggestions, it is important to be aware of the following restrictions. If you send us feedback, ideas, or suggestions (collectively, "Feedback"), you represent, warrant and agree that:
(i) You grant us all rights in your Feedback, your Feedback becomes the property of OnestPay immediately upon your providing it to us, and you are not owed any compensation in exchange;
(ii) None of the Feedback contains confidential or proprietary information of any third party;
(iii) OnestPay may use or redistribute Feedback for any purpose and in any way;
(iv) There is no obligation for OnestPay to review your Feedback; and
(v) OnestPay has no obligation to keep any Feedback confidential.
You agree that upon reasonable request by us, you will take any steps and actions, and provide any cooperation and assistance to us and our successors, assigns, and legal representatives, including the execution and delivery of any affidavits, declarations, oaths, exhibits, assignments, powers of attorney, or other documents, as may be necessary to effect, evidence, or perfect the assignment of the Feedback to us, or to our assignee or successor.
18. Disclaimer Regarding Use of Mobile Devices
Use of the OnestPay Service is made available through compatible mobile devices, internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
ONESTPAY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE ONESTPAY SERVICE AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ONESTPAY SERVICE.
19. Updating Terms
OnestPay reserves the right to change, delete, or update these Terms or other policies that govern use of the website at its sole discretion, at any time, for any reason, without notice, including the right to terminate the website or any part of the website. Any changes to these Terms will be posted on this page and the top of the page will indicate the date the Terms were last revised. Any amendments and modifications by OnestPay will be prospective only, and unless otherwise provided in these Terms, will be effective upon being posted on the website. It is your responsibility to review these Terms periodically for updates and changes. Your continued access or use of the website shall be deemed as acceptance of all changes. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the website.
20. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE ONESTPAY SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ONESTPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE ONESTPAY SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ONESTPAY SERVICE IS AT YOUR SOLE RISK.
ONESTPAY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE ONESTPAY SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ONESTPAY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE ONESTPAY SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
21. Limitations on OnestPay's Liability
ONESTPAY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS (OR LACK OF ACCESS) TO THE ONESTPAY SERVICE, YOUR USE (OR NON-USE) OF THE ONESTPAY SERVICE, OR ANY MATTER RELATING TO THESE TERMS AND CONDITIONS, EVEN IF ONESTPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, ONESTPAY'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), EXCEPT ONLY TO THE EXTENT ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER CAUSE FOR WHICH APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION.
TO THE FULLEST EXTENT PERMITTED BY LAW, ONESTPAY WILL NOT ACCEPT OR HAVE ANY LIABILITY IN THE EVENT OF UNAUTHORIZED USE OF YOUR ONESTPAY ACCOUNT, THE CONDUCT OF FRAUDULENT OR ILLEGAL ACTIVITIES VIA YOUR ONESTPAY ACCOUNT, ANY INABILITY TO TRANSACT OR PROBLEMS RELATED TO POOR INTERNET ACCESS, MOBILE DEVICE OR COMPUTER FAILURE OR OTHER COMMUNICATION ISSUES, OR ANY ISSUES RELATED TO THE TIMELY EXECUTION OF A PAYMENT, TRANSFER, DEPOSIT OR SIMILAR.
YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF THE ONESTPAY SERVICE. AND YOU AGREE NOT TO SEEK TO HOLD ONESTPAY LIABLE, FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON YOUR USE OF THE ONESTPAY SERVICE OR ANY RELATED CONTENT. NOTWITHSTANDING THE FOREGOING, OR ANYTHING ELSE TO THE CONTRARY IN THESE TERMS AND CONDITIONS, NOTHING MODIFYING RESTRICTING, OR ELIMINATING THE DUTIES OR LIABILITIES OF ONESTPAY INVEST SHALL APPLY TO, OR IN ANY WAY LIMIT, THE DUTIES (INCLUDING STATE LAW FIDUCIARY DUTIES) OR LIABILITIES WITH RESPECT TO MATTERS ARISING UNDER THE FEDERAL SECURITIES LAWS.
YOUR ELECTION TO USE THE ONESTPAY SERVICE IS SUBJECT TO ALL AGREEMENTS OR DOCUMENTATION REQUIRED TO BE ENTERED INTO OR ACKNOWLEDGED BY YOU IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION YOUR ACCEPTANCE OF DOCUMENTS WITH RESPECT TO YOUR ONESTPAY ACCOUNT AND ANY SEPARATE AGREEMENTS RELATING TO ONESTPAY INVEST.
ONESTPAY RESERVES THE RIGHT TO CANCEL OR RESTRICT YOUR ACCESS TO THE ONESTPAY SERVICE WITHOUT NOTICE TO YOU. ONESTPAY IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY YOU OR ANY INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY OUR SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE ONESTPAY SERVICE.
21.1 General Disclaimers
To the fullest extent permitted by applicable law, the OnestPay Service, including all related content, tools, software, and information, is provided on an "as is" and "as available" basis, without any warranty or guarantee of any kind, either express or implied.
OnestPay and its affiliates, officers, directors, employees, agents, licensors, service providers, and partners ("OnestPay Parties") disclaim all warranties, express or implied, including but not limited to:
(i) Implied warranties of merchantability, fitness for a particular purpose, title, security, non-infringement, reliability, or accuracy;
(ii) The performance, timeliness, or results of the OnestPay Service;
(iii) The accuracy, completeness, legality, or usefulness of any content made available through the Service;
(iv) That the OnestPay Service will be uninterrupted, error-free, secure, virus-free, or immune from unauthorized access or data breaches.
You assume all responsibility for the accuracy, completeness, legality, and suitability of the information you provide or receive through the OnestPay Service. OnestPay is not responsible for any technical failures, including but not limited to:
(i) Malfunction of internet connectivity, software, or hardware;
(ii) Delays, failures, or loss of data during transmission;
(iii) Computer viruses, spyware, malicious code, or similar disruptions.
No oral or written advice or information obtained from OnestPay or through the Service shall create any warranty not expressly stated herein.
21.2 OnestPay's Liability
OnestPay shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence), or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of:
(i) Your breach or violation of the terms and conditions of this Agreement;
(ii) Your access and use of OnestPay;
(iii) Your delay in accessing or inability to access or use OnestPay for any reason;
(iv) Your downloading of any of the Content or the Collective Work for your use;
(v) Your reliance upon or use of the Content or the Collective Work, or
(vi) Any information, software, products or services obtained through OnestPay, or otherwise arising out of the use of OnestPay, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if OnestPay and/or its suppliers had been advised of the possibility of damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
21.3 Third Party Links and Services
The Site may provide links to other websites and online resources. Because we have no control over such sites and resources, you acknowledge and agree that the Company Entities are not responsible for the availability of such external sites or resources, and the Company Entities neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. You acknowledge and agree that the Company Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
OnestPay is not obligated to maintain, verify, update, or post any corrections to such third-party information for any reason. Nothing in the website referencing any third parties with whom OnestPay conducts business, and nothing in these Terms, shall be deemed to create any agency relationship, or sponsorship among OnestPay and such third parties or you, or make the third parties or your partners or joint-ventures with OnestPay, or otherwise provide you or any third parties with any rights to act on OnestPay's behalf. OnestPay does not represent or guarantee the truthfulness, accuracy, completeness, timeliness, authorship, suitability of content, or reliability of communications posted by third parties, nor does OnestPay endorse any opinions expressed by users or any third parties using the Website. Consequently, you agree that OnestPay does not guarantee, and is not liable to you for, any third-party content.
You agree that your use of third-party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
We shall have the right, but not the obligation, at any time and in our sole discretion, to block links from and to the Site through technological or other means without prior notice.
21.4 Risk Acknowledgement and User Responsibility
You acknowledge and accept that interacting with other users or third parties through the OnestPay Service may expose you to risk, including but not limited to:
(i) Fraudulent behavior;
(ii) Misuse of your personal or financial information;
(iii) Misrepresentation by other parties.
You agree that you assume all risks associated with such interactions and that OnestPay shall not be liable for the actions or omissions of any other user or third party.
22. Indemnification
By accepting these Terms and Conditions and using the OnestPay Service, you agree to defend, indemnify, and hold harmless OnestPay, Inc., and each of their respective affiliates, subsidiaries, service providers, business partners, and licensors, and each of their respective officers, directors, employees, agents, contractors, and representatives (collectively, the "OnestPay Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, penalties, judgments, settlements, expenses or costs (including but not limited to reasonable attorneys' fees and other legal costs) arising out of or relating to:
(i) Your use or misuse of the OnestPay Service;
(ii) Your access to or use of the OnestPay website, mobile application, or account under your login credentials;
(iii) Your breach or violation of these Terms and Conditions;
(iv) Your failure to provide true, accurate, current, and complete information to OnestPay or any participating financial institution;
(v) Your violation of the rights of any third party, including but not limited to intellectual property, privacy, publicity, moral, contractual, or proprietary rights;
(vi) Your violation of any applicable law, regulation, or rule;
(vii) Your negligence, willful misconduct, or other unauthorized or improper conduct;
(viii) Any mismatched, incorrect, or incomplete identifying or payment information you provide in relation to any funding source or ACH transfer;
(ix) Any deficit (i.e., negative balance) in your OnestPay Account for any reason.
22.1 Account Deficits and Reimbursement Obligations
IN THE EVENT THAT YOUR ONESTPAY ACCOUNT HAS A DEFICIT (I.E. A NEGATIVE BALANCE) AT ANY TIME FOR ANY REASON, ONESTPAY SHALL HAVE THE RIGHT, IN ITS SOLE DISCRETION, TO CLOSE THE ACCOUNT WITHOUT PRIOR NOTICE. YOU AGREE TO BE RESPONSIBLE FOR, AND PROMPTLY PAY TO ONESTPAY, THE AMOUNT OF ANY DEFICIENCY IN ANY SUCH ONESTPAY ACCOUNT. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS (INCLUDING THE PARAGRAPH ABOVE REGARDING GENERAL INDEMNIFICATION), IN THE EVENT THAT ONESTPAY (THROUGH ITSELF OR A THIRD PARTY ACTING ON ITS BEHALF) ELECTS TO PURSUE RECOUPMENT OF THE DEFICIT IN ANY ACCOUNT, SUCH DEFICIT SHALL ESTABLISH THE AMOUNT OF YOUR INDEBTEDNESS OWING TO ONESTPAY. YOU AGREE TO REIMBURSE AND HOLD ONESTPAY HARMLESS FOR ALL ACTIONS, OMISSIONS, COSTS, EXPENSES, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND ANY EXPENSES), PENALTIES, LOSSES, CLAIMS OR LIABILITIES ASSOCIATED WITH ANY SUCH DEFICIT IN YOUR ACCOUNT AND ANY ACTION TAKEN BY ONESTPAY TO RECOUP THE SAME.
23. Term and Termination
Until your access to the OnestPay Service is terminated by either you or OnestPay, these Terms and Conditions will remain in force.
NOTE THAT SIMPLY DELETING THE ONESTPAY APP FROM YOUR MOBILE DEVICE DOES NOT TERMINATE YOUR ONESTPAY ACCOUNT, NOR DOES IT STOP ANY RULES YOU HAVE ESTABLISHED.
If you wish to terminate your OnestPay Account, you may do so as described under Account Deletion under Your Choices in our Privacy Policy. If you simply wish to or pause or stop your Rules, you may do so within the OnestPay App.
If you do not make use of the OnestPay Service for a designated amount of time, applicable Law may require OnestPay to report these funds in your account as unclaimed property. Should this occur, we may try to locate you at the contact information you provided to us. If our attempts fail and we cannot locate you, we may be required, depending on state Law, to report your funds as unclaimed property. The designated amount of time to report the funds as unclaimed varies, based on the state, but typically falls in a range of two to five years.
23.1 Termination, Removal of Content and Monitoring
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of the website. You agree that OnestPay may terminate, restrict, or suspend part or your entire license to access the website or delete any content transmitted to or through the website, at any time, in its sole discretion, without prior notice to you and without any liability to you. OnestPay also reserves the right to take any action relating to user-submitted information that it deems necessary or appropriate if such information, as determined in OnestPay's sole discretion, may create liability for OnestPay, its subsidiaries, officers, directors, employees, contractors, representatives, agents, and suppliers (collectively, the "OnestPay Parties"), or may affect OnestPay's business relationships or contracts with third parties.
OnestPay further reserves the right to remove any materials that are defamatory, abusive, illegal, harassing, immoral, disruptive or do not conform to these Terms – although OnestPay shall be under no affirmative obligation to monitor any of the foregoing or to otherwise screen or monitor any communications or information prior to their posting. You agree OnestPay has the right, but is not obligated, to monitor your use of the website and any communications made by you related to such use in any manner; and you release OnestPay from any liability related to its monitoring activities. If OnestPay denies you access to the website, you agree to destroy all materials obtained from the website and all copies of those materials with the exception of your personal customer-account-related materials. You acknowledge that, upon termination, OnestPay may immediately deactivate or delete your account and all related information and files in the account and bar you from further access to the files, your customer information, and the website.
23.2 Dispute Resolution
If a dispute arises between you and any of the OnestPay Parties, it is the goal of OnestPay to work in good faith with you to quickly and amicably resolve the dispute. Either OnestPay or you may, at such party's sole election, require that the sole and exclusive forum and remedy for any and all past, present, or future disputes and claims relating in any way to or arising out of this agreement, your access to and use of the website, and any financial products or services you may request or receive (each, a "dispute"), including claims by or against (i) you and any person claiming through you and (ii) a OnestPay Party or any person claiming through such persons, be final and binding arbitration, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate our patent, copyright, trademark or trade secret rights, we may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, we will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under this agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any current or former member of OnestPay or any former or current participating financial institution, and no class arbitration proceedings shall be permitted.
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in the paragraph above prohibiting the consolidation of claims. The AAA Rules, which you may obtain from that organization, shall govern the arbitration unless they conflict with this arbitration agreement, in which case this arbitration agreement will control. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, nor to state or local laws that relate to arbitration proceedings.
This arbitration agreement shall survive (i) suspension, termination, revocation, closure, or changes of this Agreement and your relationship with OnestPay; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or promissory note(s) which you hold or owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions of this arbitration agreement shall nevertheless remain valid and in force, except that in no event shall any such invalidation be deemed to authorize an arbitrator to determine claims or make awards beyond the scope of authority as limited in this arbitration agreement.
24. Binding Arbitration and Class Action Waiver
PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH ONESTPAY AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF RETROACTIVE APPLICATION OF THE ARBITRATION AND CLASS WAIVER PROVISIONS TO ANY EXISTING CLAIMS. THE OPTION TO OPT OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ONESTPAY. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST ONESTPAY BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
24.1 Arbitration Agreement
By agreeing to these Terms and Conditions, you and OnestPay agree that any and all past, present, and future disputes, claims, or causes of action arising out of or relating to these Terms, your use of the OnestPay Service, or any other interactions with OnestPay (each a "Dispute"), shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org.
This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act ("FAA").
24.2 Class Action Waiver
You and OnestPay agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or mass action or proceeding. The arbitrator shall not have the authority to consolidate more than one person's claims, nor to preside over any form of a class, collective, representative, or mass arbitration. You hereby waive any right to a jury trial or to participate in a class action lawsuit.
24.3 Limited Right to Opt Out of Retroactive Application
If you have an existing dispute with OnestPay as of the effective date of these Terms (March 31, 2025), you may opt out of the retroactive application of this arbitration agreement and class action waiver by providing written notice to OnestPay within thirty (30) days of accepting these Terms. The notice must clearly state your name, address, email, and the fact that you wish to opt out of retroactive arbitration provisions. Please send your written notice to support@onestpay.com. This opt-out applies only to existing claims and not to any new claims you may bring in the future after the 30-day period has passed.
24.4 Customer Service
OnestPay seeks to address all the concerns of its customers without the need for a formal legal dispute. Before filing a claim against OnestPay, you agree to try to resolve any Dispute (as defined below) informally by contacting support@onestpay.com. Similarly, if you have provided an email address to us as part of your Account registration, OnestPay agrees to do the same. If a Dispute is not resolved within 30 days after the email noting the Dispute is sent, you or OnestPay may initiate an arbitration proceeding as described below.
Except for disputes relating to your or OnestPay's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all past, pending, or future disputes between you and OnestPay (whether or not such dispute involves a third party) including those arising out of or relating to these Terms and Conditions (including enforcement, construction, validity, interpretation, enforceability, or arbitrability of the Terms and Conditions), the OnestPay Service, and/or our Privacy Policy or any other dispute between you and OnestPay or any of OnestPay's licensors, distributors, suppliers or agents (including any application store or platform from which the OnestPay Service is accessed or downloaded) ("Disputes") shall be finally resolved by arbitration. BY AGREEING TO ARBITRATE, EACH PARTY IS EXPRESSLY WAIVING ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
Arbitration shall be before a single arbitrator conducted in the English language under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. The Arbitration shall be held in New York, New York, U.S.A., or, at your election, will be conducted telephonically or via other remote electronic means. This Section shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions. You and OnestPay shall appoint as sole arbitrator a person mutually agreed by you and OnestPay or, if you and OnestPay cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. If you assert a Dispute as an individual, you will only be required to pay $250 of the fees charged in connection with any arbitration under this Section, and OnestPay will bear all other costs charged by the arbitrator, including any remaining Case Management Fee and all professional fees for the arbitrator's services. You will still be responsible for paying your own attorneys' fees and costs, except that the substantially prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration (the reasonableness of any fees to be as determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms and Conditions or to award punitive damages; this limitation includes but is not limited to the exclusion of any damages pursuant to federal or state statutes permitting multiple or punitive awards.
YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Whether any dispute is heard in arbitration or in court, the parties agree that any claims brought by them must be brought in that party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, class action, or class arbitration. You hereby waive any and all rights to bring any claims related to any Disputes as a plaintiff or class member in any purported class or representative proceeding or to participate in any class action. You may bring claims only on your own behalf. By accepting this agreement, you give up your right to participate in any past, pending or future class action or any other consolidated or representative proceeding, including any existing as of the date of you agreed to these Terms and Conditions. In the event that, notwithstanding the foregoing, more than 25 individuals assert substantially similar claims in arbitration demands filed against OnestPay, those arbitration proceedings shall be consolidated into a single proceeding before a single arbitral panel.
Whether to agree to arbitration is an important decision. It is your decision to make, and you ARE NOT REQUIRED TO rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
LIMITED OR COMPLETE OPTION TO OPT OUT. YOU MAY OPT OUT OF THE APPLICATION OF THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER. IF YOU DO NOT OPT-OUT, THESE TERMS WILL APPLY TO ALL CLAIMS YOU HAVE POSSESSED OR MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT. IN ORDER TO EXERCISE YOUR OPTION, YOU MUST DO SO BY FOLLOWING THE INSTRUCTIONS BELOW. NO OTHER ACTION OR METHOD FOR OPT OUT SHALL BE EFFECTIVE. THE OPTION SHALL ONLY BE EFFECTIVE TO THE EXTENT YOU HAVE NOT PREVIOUSLY AGREED TO ARBITRATION AND CLASS WAIVER PROVISIONS WITH ONESTPAY. ONESTPAY RESERVES AND DOES NOT WAIVE ANY RIGHT TO ASSERT ANY EARLIER TERMS AND CONDITIONS INCLUDING ANY EARLIER ARBITRATION AND CLASS WAIVER PROVISIONS.
PROCEDURE TO OPT OUT OF RETROACTIVE APPLICATION. IF YOU DO NOT WISH TO AGREE THAT THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT SHALL APPLY, YOU MUST, WITHIN THE THIRTY (30) DAY PERIOD FOLLOWING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, SEND AN E-MAIL TO support@onestpay.com CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS "OPT OUT" IN THE BODY OR SUBJECT LINE OF THE EMAIL.
Even if you opt out of this arbitration agreement, you will remain subject to and bound by any prior arbitration agreements or provisions you previously agreed to with OnestPay. For users who do not opt out, to the extent these Terms and Conditions in any way conflict with any prior agreement, these Terms and Conditions control.
You and OnestPay agree that any claims or lawsuits, regardless of form, arising out of or related to any Dispute must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
These Arbitration provisions will survive the termination of your relationship with OnestPay.
25. Platform Provider Rules
In the event that you are using the OnestPay Service through a third-party website or application, social network, platform or store ("Platform"), you must comply with the terms of use or services of such Platform (the "Platform Terms"), in addition to these Terms and Conditions, and the Platform's privacy policy will apply to any of your interactions with the Platform. The Platform Terms are incorporated into these Terms and Conditions by reference such that a violation by you of the Platform Terms shall be deemed a violation of these Terms and Conditions. In the event of a conflict between these Terms and Conditions and the Platform Terms, the Platform Terms shall control solely to the extent the conflict relates to the rights or obligations of the Platform and not of us.
If you have downloaded the OnestPay App from the Apple, Inc. ("Apple") App Store or if you are using the OnestPay Service on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. These Terms and Conditions are between you and OnestPay only, not with Apple, and Apple is not responsible for the OnestPay Service and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the OnestPay Service. In the event of any failure of the OnestPay Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the OnestPay App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the OnestPay Service. Apple is not responsible for addressing any claims by you or any third party relating to the OnestPay Service or your possession or use of the OnestPay Service, including: (1) product liability claims; (2) any claim that the OnestPay Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the OnestPay Service infringes that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the OnestPay Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary of these Terms and Conditions. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
26. Severability
If any portion of these Terms and Conditions is deemed invalid, unlawful, void or for any reason unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions, and that portion deemed invalid, unlawful, void, or unenforceable shall not affect the validity and enforceability of any remaining provisions.
27. Waiver, Survival, and Additional Remedies
You agree that if OnestPay does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions, this will not be taken to be a formal waiver of OnestPay's rights and that those rights or remedies will still be available to OnestPay.
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.
These Terms and Conditions represent the entire understanding and agreement between you and OnestPay regarding the subject matter of the same, and supersede all other previous agreements, including any prior version of the OnestPay Terms and Conditions. Each of the entities in the OnestPay company group that are not a party to these Terms and Conditions, including without limitation OnestPay Stack, Inc. and OnestPay Insight Technology AB, are intended third-party beneficiaries of these Terms and Conditions and shall therefore be entitled to the benefit hereof and to enforce the terms and conditions hereof in each of their respective names as if each of them were each a party hereto.
27.1 Additional OnestPay Remedies
You acknowledge that any violation or threatened violation of these Terms and Conditions may cause irreparable harm to OnestPay, for which monetary damages may be an inadequate remedy. Accordingly, in the event of an actual or threatened breach by you of any provision of these Terms and Conditions, OnestPay shall be entitled, without the requirement of posting bond or proving actual damages, to seek injunctive relief, specific performance, or other equitable remedies in addition to any other rights or remedies available at law or in equity.
28. Miscellaneous
Certain areas of the website may be subject to additional terms of use. By using such areas or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
No Waiver. No failure to exercise and no delay in exercising, by OnestPay, any right, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any waiver by OnestPay of a breach of any provision of these Terms shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by OnestPay .
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
The parties' rights and obligations under the following sections shall survive any termination of these Terms: restrictions on use of OnestPay Content and the website; disclaimers and limitations of liability; indemnification; dispute resolution; additional OnestPay remedies; and miscellaneous.
Independent Contractors. For purposes of these Terms, you and OnestPay shall be independent contractors and neither shall at any time be considered an agent or employee of the other. No joint venture, partnership, or similar relationship is created between you and OnestPay by these Terms. OnestPay is not an agent of either yours or any participating financial institution.
Entire Agreement. These Terms represent the entire understanding and agreement between you and OnestPay regarding the subject matter hereof, and supersede all previous or contemporaneous agreements, understandings, and/or representations regarding the same.