End User License Agreement
Last Updated: June 20, 2025
IMPORTANT! PARAGRAPH 20 OF THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION PROVISION, WHICH INCLUDES INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISIONS THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR A TAPCHECK ACCOUNT AND ACCESSING OR USING THE SERVICES TO ENSURE THAT YOU UNDERSTAND YOUR RIGHTS.
This Agreement governs the access or use by you, an individual, of your Tapcheck Account and/or the Services. The Services are made available only in the United States and may only be accessed or used by you from within the United States. By registering for a Tapcheck Account and/or accessing or using the Services, you agree to be legally bound by and comply with this Agreement.
Quick Guide to Contents
- Definitions
- Privacy Policy, This Agreement, Website Terms of Service, and Other Written Instructions
- Changes to this Agreement
- Description of the Services
- System Requirements
- Use of the Services
a. Qualified Users
b. Your Account
c. Disbursements
d. Other Limitations
e. Test Deposits
f. EWT Confirmation and Payroll Deductions
g. Subsequent Deductions/Representment
h. Revoking Authorization - Processing Fees
- Your Representations and Warranties
- Cancellation, Interruption, Suspension, or Termination
- Passwords and Security
- Confidentiality
- Third Party Account Information
- Authorization for ACH Debits and Credits
- Conduct
- Service Updates
- Warranty Disclaimer
- Limitation of Liability
- Indemnity
- Governing Law and Jurisdiction
- DISPUTE RESOLUTION
a. Arbitration
b. Pre-Arbitration Dispute Resolution and Notification
c. Exceptions to Pre-Arbitration Dispute Resolution and Arbitration
d. Arbitration Procedures
e. Class Action Waiver
f. Jury Trial Waiver
g. Severability
h. Time to Initiate a Dispute
i. Opt-out Procedure - Notices
- Headings
- No Waiver
- Severability
- Assignment
- Force Majeure
- Entire Agreement
- Third Party Beneficiaries to this Agreement
- Miscellaneous
- Electronic Communications
a. Consent to Electronic Communications
b. Withdrawal of Consent to Electronic Communications - Monitoring and Recording of Communications
- Communications by Phone (phone Calls and Text Messages)
a. Consent to Communications by Phone
b. Withdrawal of Consent to Communications by Phone - Notice to South Carolina Residents
- Notice to Utah Residents
- Contact Us
1. Definitions
AAA – "AAA" means the American Arbitration Association
AAA Rules – "AAA Rules" means the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA.
Access Credentials – "Access Credentials" means the username and/or passwords or other means of accessing your Account or the Services.
Account – "Account" means an active user service account available through Tapcheck.
ACH – "ACH" means the Automated Clearing House network, which allows electronic payments between and among financial institutions.
Agreement – Agreement means this Tapcheck End User License Agreement.
Amendment Date – "Amendment Date" means the date on which this Agreement or policies on the Site are updated or revised, and which appears at the top of this Agreement.
Application – "Application" means Tapcheck's mobile applications and websites, including all updates, new releases, and versions thereto.
Available Balance – "Available Balance" means a maximum percentage of your then available estimated net earned wages for the pay period at the time of your request or a fixed daily maximum amount, each as may be agreed between Tapcheck and the applicable Employer Partner and that is displayed in the Application.
Bank Account – "Bank Account" means an account (including a prepaid account) located at a bank or credit union that you link to your Account in connection with the Servicers.
Debit Card – "Debit Card" means a debit card that you link to your Account in connection with the Services.
Dispute(s) – "Dispute(s)" means any dispute or claim (whether or not such dispute or claim involves a third party), relating in any way to your use of the Services, the Site, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services, your Account, or the Site.
Employer Partner – "Employer Partner" means an employer who agrees to make Tapcheck and its Services available to its employees.
EWT or Earned Wage Transaction – "EWT" means a request to obtain earned wages prior to payday made using the Services.
Indemnified Parties – "Indemnified Parties" means Tapcheck, its subsidiaries, affiliates, licensors, content providers, suppliers, employees, contractors, officers, directors, and representatives.
Laws – "Laws" means any law, rule, regulation, ordinance, code or order which governs or affects your use of the Services or under which you may exercise rights, including the NACHA Rules, and rules relating to electronic funds transfers, privacy and security, and any export laws and regulations of the United States, as any or all of the foregoing may be amended and in effect from time to time.
MMS – "MMS" means Multimedia Messaging Service.
NACHA Rules – "NACHA Rules" means the Operating Rules of the National Automated Clearing House Association.
Pay Period – "Pay Period" means the period of time during which you earn wages that are paid to you on any scheduled employer pay day.
Qualified User(s) – "Qualified User(s)" shall have the meaning described in Section a of Paragraph 6, below.
Services – "Services" means any Application, the Site, features, content, products, and services (the “Services”) made available by Tapcheck.
Site – "Site" means any or all pages or links owned or operated by Tapcheck, including, but not limited to, www.Tapcheck.com, as well as any Applications, and any Services accessed or used through the Site. "Site" as used in this Agreement also includes any and all Content as that term is defined and used in the Website Terms.
SMS – "SMS" means Short Message Service.
Tapcheck – "Tapcheck" means Tapcheck Inc.
Third Party Account Information – "Third Party Account Information" means information concerning your employee profile, earned but unpaid net wages, your upcoming employment schedule, hours worked, and other information maintained by your employer or other third-parties providing services to your employer with which you or your employer have relationships, maintain accounts, or engage in financial transactions.
Website Terms – "Website Terms" refers to the Tapcheck Website Terms of Service available at https://www.tapcheck.com/terms-of-service, and which are incorporated into and made a part of this Agreement.
2. Privacy Policy, This Agreement, Website Terms, and Other Written Instructions
By registering for and/or accessing or using the Services, you confirm, acknowledge, and agree that you have read this Agreement and agree to be bound by it. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement, you should not seek to obtain or use the Services and should delete the Application from your phone.
You also confirm, acknowledge, and agree that you have read and agree to be bound by Tapcheck's Privacy Policy and the Website Terms, as well as, any other terms or instructions appearing on the Application or the Site when enrolling for, activating, accessing, or using the Services, any and all of which are expressly incorporated by reference as though fully set forth in this Agreement. In the event of a conflict between this Agreement and the Website Terms, the Website Terms shall govern your use of and access to the Site, while this Agreement shall govern your use of and access to the Services and/or your Account.
3. Changes to this Agreement
Tapcheck reserves the right to modify, change or replace the terms and conditions of this Agreement and its policies relating to the Services at any time, in its sole discretion. Tapcheck will post the revised Agreement or policies on the Site and update with the Amendment Date. Continuing to use the Services after the Amendment Date constitutes acceptance of the revised terms and conditions of this Agreement. You agree to visit the Site periodically to review any such changes to this Agreement to ensure that you understand the terms and conditions that apply to your use of the Services.
4. Description of the Services
The Services are a technology platform that enables Qualified Users of Tapcheck’s Application or Site to access their earned wages prior to payday. The Services are made available to you through a relationship established between Tapcheck and your employer. You agree to use the Services for your personal use and only for lawful purposes. Your right to access the Services may not be transferred by you to any person or entity.
YOU ACKNOWLEDGE THAT TAPCHECK ONLY PROVIDES ACCESS TO YOUR OWN WAGES AND DOES NOT PROVIDE LOANS OR CREDIT SERVICES TO YOU. Tapcheck will never check your credit score and Tapcheck does not engage in debt collection or credit reporting. Tapcheck does not charge interest on an EWT. Instead, subject to applicable Law, your employer may deduct the amount of the EWT from your next paycheck and deposit such portion of your paycheck to your Debit Card or in a Bank Account pursuant to your authorization.
Tapcheck makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals located in the United States.
5. System Requirements
The Application is intended to run on most smart mobile phone devices. To use the Application, you must have a personal device that is compatible with the Application. Tapcheck does not warrant that the Application will be compatible with all devices. Receiving and sending notifications and correspondences in real time using the Application requires a mobile data plan and an Internet connection. The costs of such data plan or Internet connection are subject to the agreement between you and your cellular communications provider and to the payments that apply to you thereunder. You are solely responsible for obtaining, maintaining, and ensuring compatibility with the Services of any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, personal devices, modems, hardware, servers, software, operating systems, networking, and web servers.
Note that “location-based services” that utilize GPS technology to determine your location constitute a main feature of the mobile Application. The Services will not be provided if you do not agree to use this technology and so, by installing the Application and/or accepting this Agreement, you are agreeing to this use. You can read more about how Tapcheck uses data from your smartphone in Tapcheck’s Privacy Policy.
6. Use of the Services
a. Qualified Users
Access and use of the Services is restricted to Qualified Users. To be a Qualified User, you (1) must register for and maintain an Account; (2) must be an employee in good standing with an Employer Partner; and (3) may not be in breach of this Agreement.
b. Your Account
To create your Account, you must submit to Tapcheck certain personal information, such as your first and last name, physical address, email address, telephone number, employer and related information, the bank account number and routing number associated with your Bank Account, and any additional information required by Tapcheck. You will need to create a username and password to access your Account and the Services.
Prior to using the Services, Tapcheck may verify your identity. You authorize Tapcheck to make any inquiries it considers necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or Tapcheck cannot verify your identity, Tapcheck can refuse to allow you to use the Services.
You must maintain accurate, complete and up-to-date Bank Account information in your Account at all times. Tapcheck is not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Bank Account information current.
After you have created your Account, certain Services may be available to you immediately. However, other Services may not be available to you until after the Employer Partner confirms you are eligible to receive those Services.
Any Services offered by third parties, such as linking your Bank Account, are subject to additional terms and conditions provided by those parties, and your eligibility to receive those services will be subject to those third party terms and conditions.
c. Disbursements
As a Qualified User you may request up to your Available Balance as displayed in the Services. To request an EWT, your Account must be in good standing at the time of the request. Funds will be disbursed via one of the following methods:
1. Same day transfer (Fee applies). Funds will be deposited (i) into your Bank Account via debit card transfer within approximately thirty (30) minutes, or (ii) onto your Tapcheck Mastercard debit card issued by Central Bank of Kansas City (member FDIC) under a license from Mastercard International within approximately thirty (30) minutes, depending on your selection within the Application. See “Processing Fees”, Paragraph 7, below for additional information regarding applicable fees.
2. Next business day transfer (Fee applies). Funds will be deposited into your Bank Account via an ACH transfer on the next business day. Requests must be made on a business day by 3:00 PM PST. See “Processing Fees”, Paragraph 7, below for additional information regarding applicable fees.
3. Next business day card transfer (No cost). Funds will be deposited the next business day (i) onto your Tapcheck Mastercard debit card issued by Central Bank of Kansas City (member FDIC) under a license from Mastercard International ("Tapcheck Card"), or (ii) onto your rapid! PayCard issued by Green Dot Bank (“rapid! PayCard”). While there is no cost for the transfer, certain fees may apply to your Tapcheck Card or your rapid! PayCard. See your Cardholder Agreement for more details.
d. Other Limitations
Tapcheck cannot guarantee the timely delivery of funds as a result of a failure of a financial institution or your card network to act in a timely manner or due to other events beyond its control. Note that the financial institution that holds your Bank Account may take additional time to deposit the funds into your Bank Account.
Tapcheck does not charge interest or late fees on any EWT balance. You will only be expected to repay the exact amount of the EWT requested. You acknowledge that the requested EWT may be less than the amount funded by Tapcheck into the Bank Account if processing fees apply. Nevertheless, you are responsible for the repayment of the full amount of the EWT requested.
All calculations of net earned wages and other information generated from the Services are estimates only and are further dependent on the accuracy and completeness of any payroll data and time and attendance logs provided by your employer and the payroll provider, if applicable. Tapcheck will not be responsible for the consequences of any such information being incomplete, inaccurate, not current or otherwise deficient.
e. Test Deposits
The first time you request an EWT, Tapcheck will need to validate and register your Bank Account. If the Bank Account cannot be validated, the EWT request will be cancelled. To validate the Bank Account, Tapcheck may process a test transaction for a nominal amount to your Bank Account. If the test transaction is completed, Tapcheck will, in a separate transaction, debit the test amount from your Bank Account prior to funding the EWT associated with request.
f. EWT Confirmation and Payroll Deductions
Upon distribution of the EWT to your Bank Account, Tapcheck will notify the Employer Partner that you have received the EWT. When you request an EWT, you also authorize your employer to deduct any EWT you receive, plus any applicable fees, from your next scheduled paycheck. If Tapcheck and/or your employer is unable to deduct amounts previously paid to you as part of an EWT transaction, your access to the Services may be limited or suspended until you voluntarily repay the outstanding EWT and any applicable processing fees.
g. Subsequent Deductions/Representment
If any applicable EWT is not successfully deducted, or the deduction fails for any reason at all, including but not limited to administrative error or insufficient funds, you understand and agree that Tapcheck may instruct your employer to continue to attempt the deduction during subsequent pay periods. Tapcheck also may debit your Bank Account for these amounts after a failed deduction pursuant to the ACH authorization provided in Paragraph 13 below. If these efforts fail, Tapcheck maintains no legal recourse against you.
h. Revoking Authorization for Deductions and Debits
Your authorization for Tapcheck and/or your employer to deduct funds from your paycheck or debit funds from your Bank Account is valid indefinitely unless revoked. To revoke your authorization for deductions or debits, you must let us know at least two (2) business days prior to the end of your Pay Period or the scheduled date of the debit by calling us at 866.697.6016 or by email to support@tapcheck.com. If Tapcheck and/or your employer is unable to deduct or debit amounts previously paid to you as part of an EWT transaction, your access to the Services may be limited or suspended until you voluntarily repay the outstanding EWT and any applicable processing fees.
7. Processing Fees
If you choose to have the EWT deposited into your Bank Account (and you do not choose one of the free options identified above under Section c of Paragraph 6, above), you agree to the following processing fees:
- Same day transfer – up to $4.95.
- Next business day transfer – up to $3.50.
Processing fees are flat fees associated with Tapcheck processing an EWT in the timeframe and using the method that you request at the time of initiating the EWT. Actual fees, which may be lower than those disclosed above, will be set forth in the Application. Processing fees are due and payable at the time Tapcheck pays the EWT. Processing fees will be deducted from the gross amount of the EWT prior to Tapcheck funding the EWT.
8. Your Representations and Warranties
By entering into this Agreement and using the Services you represent and warrant the following:
- You are of legal age in the state that you reside and have the right and authority to enter into this Agreement.
- All information you provide to Tapcheck is true, accurate, current, and complete to the best of your knowledge.
- All contact information, including phone numbers, email addresses, mailing addresses, etc., belong to you, and you have the rights and authority to provide that information to Tapcheck. You further represent and warrant that Tapcheck may communicate with you through any contact information you have provided to Tapcheck.
- You are in compliance with, and will continue to remain in compliance with, all Laws.
- If you provide Tapcheck Bank Account information for a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently.
- By authorizing Tapcheck to process an EWT request, you represent and warrant that you have a positive balance in your Bank Account. If you have a negative balance in your Bank Account, you may be subject to bank fees if Tapcheck debits the test amount or the EWT amount. Tapcheck may also cancel EWT requests. You acknowledge and agree that Tapcheck shall not be responsible or liable, directly or indirectly, for any cancellation of an EWT request pursuant to this Agreement or for any bank fees charged as a result of having a negative balance in your Bank Account or otherwise as a result of providing the Services hereunder; provided that Tapcheck shall reimburse you for any overdraft or non-sufficient funds charges imposed by your bank that were caused by our attempt to recoup outstanding EWTs or applicable fees, on a date before, or in an incorrect amount from, the date or amount disclosed to you.
- The amount of net wages that are payable to you, but not yet paid, for work that has been performed by you are just and due and that the amount of such net earned wages are greater than the EWT requested by you. In the event that you have received an EWT, it may constitute fraud for you to notify your employer and/or the payroll provider that you have not received a portion of your net earned wages through your use of the Services.
- You are in compliance with the terms and conditions of this Agreement and will remain in compliance with the terms and conditions of this Agreement for so long as you maintain an Account and use the Services.
9. Cancellation, Interruption, Suspension, or Termination
This Agreement, including any revisions or amendments, will remain in effect as long as you continue to access and/or use the Services. You may cancel your Account at any time by emailing Tapcheck at support@tapcheck.com. Upon closure, you will still be responsible for any outstanding EWT balance.
Your access to and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that Tapcheck, in its sole discretion, may elect to take. In no event will Tapcheck be liable to any party for any loss, cost, or damage that results from any period of downtime of the Site, Application or Services.
The following occurrences may result in your inability to access and use the Services or Tapcheck’s termination or suspension of your Account and this Agreement:
- If you fail to maintain accurate, complete and up-to-date Account information or Bank Account information;
- If your employer is not an Employer Partner;
- If you have previously received an EWT but not repaid it;
- If your Bank Account is currently frozen or otherwise not accepting incoming transfers; and
- If you do not comply with any term or condition of this Agreement.
Notwithstanding the foregoing, Tapcheck may modify, suspend, discontinue (temporarily or permanently), or immediately terminate the Services, Site, Application, or your Account (or any features or portions thereof, including any applicable fees), at any time and for any reason. You agree that Tapcheck will not be liable to you or any third party for any modification, suspension, discontinuance, or termination of your access to the Services, Site, Application, or your Account.
Upon termination of your Account, this Agreement, or if you violate any term or condition of this Agreement, you must immediately stop using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, the Agreement to Arbitrate, and indemnity and limitations of liability.
10. Passwords and Security
You shall not give or make available your Access Credentials to any third party. If you give someone your Access Credentials, you are authorizing that person to use your Account or the Services, and you are solely responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. You agree to be bound by transactions initiated in compliance with these procedures, whether or not authorized, unless you have given Tapcheck prior notice of possible unauthorized use as described above and Tapcheck has had a reasonable opportunity to act on such notice.
You are solely responsible for the implementation of appropriate security procedures designed to prevent unauthorized access to your Account or the Services via your computer systems or personal mobile devices. You shall promptly notify Tapcheck upon any suspicion or confirmation of inappropriate, unauthorized, or fraudulent use of the Services.
By using the Site and/or Services, you acknowledge and agree that this Agreement sets forth security procedures that are commercially reasonable.
Tell us AT ONCE if you believe your Access Credentials have been lost or stolen, or if you believe that an unauthorized transaction has been made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all of your eligible earned but unpaid wages accessible through the Services. If you tell us within 4 business days after you learn of the loss or theft of your Access Credentials, you can lose no more than $50 if someone used your Access Credentials without your permission. If you do NOT tell us within 4 business days after you learn of the loss or theft of your Access Credentials, and we can prove we could have stopped someone from using your Access Credentials without your permission if you had told us, you could lose as much as $500.
Also, if your Account shows transactions that you did not make or request, including those made with your Access Credentials or by other means, tell us at once. Accordingly, you should log into your Account regularly and review your transaction history for unauthorized transactions or access. If you do not tell us within 90 days after you received confirmation that funds were accessed, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may agree to extend the time periods.
Telephoning is the best way of keeping your possible losses down.
Contact in the Event of Unauthorized Transfers
If you believe your Access Credentials have been lost or stolen, call 866.697.6016
or write:
Tapcheck Inc.
Attention: Customer Support Department
5850 Granite Parkway
Suite 1000
Plano TX 75024
or email us at support@tapcheck.com.
You should also call the number, write to the address listed above, or send an email if you believe an unauthorized transaction has been made without your permission.
Business Days
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
Questions Concerning Transactions
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR TAPCHECK ACCOUNT MUST BE DIRECTED TO US, TAPCHECK, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT OR DEBIT CARD. We are responsible for the EWT service and for resolving any errors in transactions made with your Tapcheck Account.
We will not send you a periodic statement listing transactions that you make using your Access Credentials. The transactions will appear only on the statement issued by your bank or other financial institution. REVIEW YOUR TRANSACTION HISTORY IN YOUR ACCOUNT AND CHECK IT AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number, address, or email indicated above.
11. Confidentiality
We will disclose information to third parties about your Tapcheck Account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your Account for a third party, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
12. Third Party Account Information
To provide the Services, Tapcheck will need to retrieve Third Party Account Information. Tapcheck works with Employer Partners to access this Third Party Account Information. By enrolling in Tapcheck, you authorize Tapcheck to access information maintained by an Employer Partner and you expressly authorize that Employer Partner to disclose your information to Tapcheck. YOU ACKNOWLEDGE AND AGREE THAT WHEN TAPCHECK IS ACCESSING AND RETRIEVING THIRD PARTY ACCOUNT INFORMATION FROM AN EMPLOYER PARTNER, TAPCHECK IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE EMPLOYER PARTNER. You also agree that you are responsible for keeping your passwords and usernames for this Third Party Account Information secure, and for keeping those passwords and usernames up to date in your Account. Tapcheck does not review the Third Party Account Information for accuracy, legality or non-infringement, and Tapcheck is not responsible for your Third Party Account Information or products and services offered by or on third-party sites.
13. Authorization for ACH Debits and Credits
By requesting an EWT, you provide several ACH authorizations to Tapcheck. First, you authorize Tapcheck to electronically credit your Bank Account for an EWT (less any applicable fees). Second, you also authorize Tapcheck to electronically debit your Bank Account for the amount of the EWT, if applicable, to correct erroneous credits or to reimburse Tapcheck for any test transaction amounts. Third, in the event of one or more failed payroll deduction(s) (see Section (g) of Paragraph 6), you authorize Tapcheck to debit any outstanding deductions and processing fees.
You acknowledge and agree that the initiation and transmission of each debit and credit will be subject to, and made in accordance with, U.S. Laws and NACHA Rules. In addition to any of your other representations and warranties in this Agreement, you represent that: (a) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (b) the ACH transactions you hereby authorize comply with applicable Law; (c) you have the right to authorize Tapcheck to charge your Bank Account for payments due to Tapcheck, including EWT amounts and Program Fees; and (d) if your Bank Account is jointly owned, you represent and warrant that you have the authority to independently enter into this Agreement.
The electronic authorization contained herein represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until the closure or termination of your Bank Account or until you notify Tapcheck that you wish to revoke this authorization by emailing Tapcheck at support@tapcheck.com, and providing Tapcheck a reasonable opportunity to act on it. Any cancellation or revocation notice must be received at least two (2) business days prior to the scheduled date of any electronic debit from your Bank Account. When you email, please include the name and telephone number associated with your Bank Account. Your failure to provide correct and complete information may make it impossible for Tapcheck to stop the debit.
If Tapcheck reasonably believes that you are using the Services or the Application to engage in criminal activity including but not limited to committing identity theft, fraud or other illegal activity, Tapcheck will use the legal options available to it.
14. Conduct
You are responsible for all of your activity in connection with the Services. You agree to comply with all applicable Laws in connection with your use of the Services. In addition, you will not, and will not permit any third party to, either (a) take any action, or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:
- is unlawful, fraudulent or deceptive;
- you know is false, misleading, untruthful or inaccurate;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any Law or contractual duty;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Tapcheck or of any third party;
- impersonates any person or entity, including any of Tapcheck’s employees or representatives; or
- includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement.
Tapcheck reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable Law or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Tapcheck, its users or the public.
15. Service Updates
The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services. Such updates may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services. Such updates shall be subject to the terms and conditions of this Agreement.
16. Warranty Disclaimer
THE SERVICES, YOUR ACCOUNT, AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TAPCHECK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES. TAPCHECK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES, YOUR ACCOUNT, OR THE SITE, THAT THE SERVICES, YOUR ACCOUNT, OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, YOUR ACCOUNT, OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAPCHECK FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. THE SERVICES, ANY APPLICATION, OR THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TAPCHECK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TAPCHECK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR THE SITE. TAPCHECK MAKES NO WARRANTIES THAT YOUR USE OF OR ACCESS TO THE SERVICES OR THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES OR THE SITE BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY APPLICATION, OR THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAPCHECK, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR INCOME, DATA, USE, GOODWILL, PROFITS, OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS. TAPCHECK WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL THE TOTAL LIABILITY OF TAPCHECK AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL, WANTON OR INTENTIONAL MISCONDUCT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TAPCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. Indemnity
You agree to defend, indemnify and hold Indemnified Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use and access of the Site, the Services, any Application, or your Account; (ii) any actual or alleged breach of your representations, warranties or obligations set forth in this Agreement; (iii) your violation of any applicable Law; (iv) your violation of the rights of any third party; (v) any unpaid EWT balance; (vi) the actions or inactions of any third party to whom you grant permission to use your Account or the Services on your behalf; (vii) any other party’s access and use of your Account or the Services with your unique login and password; or (viii) if your Bank Account is a joint account, from any claims by any other owner of the Bank Account.
19. Governing Law and Jurisdiction
This Agreement and any Disputes arising under or related to this Agreement will be governed by U.S. federal law and the laws of the State of Delaware, without reference to its conflict of law principles. Subject to and without waiver of the Agreement to Arbitrate set forth below, you agree that any judicial proceedings will be brought in, and you hereby consent to the exclusive jurisdiction and venue of the state and federals court of Delaware.
20. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS
a. Arbitration
Except as explicitly provided in this Agreement to Arbitrate, Disputes that cannot be resolved directly between you and Tapcheck shall be resolved by binding arbitration administered by the AAA in accordance with the AAA Rules then in effect, except as modified by this Agreement to Arbitrate. The AAA Rules are available at www.adr.org. Since you are accessing the Services through an employer sponsored plan, you acknowledge and agree that your employer (including an Employer Partner) is a third-party beneficiary of this Agreement to Arbitrate.
The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of the Agreement to Arbitrate in this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope of enforceability of this Agreement to Arbitrate or the interpretation of the Class Action Waiver in Section (e) below, shall be for a court of competent jurisdiction to decide. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
b. Pre-Arbitration Dispute Resolution and Notification
Prior to initiating an arbitration, you and Tapcheck each agree to notify the other party of the Dispute and attempt to negotiate an informal resolution to it first. Tapcheck will contact you at the email address on record in your Account; you can contact Tapcheck by email at support@tapcheck.com. If after a good faith effort to negotiate for a minimum of thirty (30) days, either you or Tapcheck feels the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
c. Exceptions to Pre-Arbitration Dispute Resolution and Arbitration
You and Tapcheck agree that the following Disputes are not subject to the above provisions concerning pre-arbitration dispute resolution and binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) any claim subject to the jurisdiction of small claims court.
d. Arbitration Procedures
Either you or Tapcheck can initiate arbitration. The arbitration will be conducted by a neutral single arbitrator. Both you and Tapcheck will be entitled to a reasonable opportunity to participate in the process of selecting the arbitrator. If we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator. You and Tapcheck agree that any required arbitration hearing will be conducted (a) in Delaware; (b) by telephone, online, and/or be solely based on written submissions; or (c) in any other location to which you and Tapcheck both agree. In no event will your access to the arbitration be precluded by the location or venue of the arbitration. During the arbitration, you are entitled to be represented by counsel of your choosing.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator's award must consist of a written statement stating the disposition of each claim and providing a concise written statement of the essential findings and conclusions upon which the award is based. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e. Class Action Waiver
YOU AND TAPCHECK EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND TAPCHECK AGREE OTHERWISE, THE ARBITRATOR (OR COURT, IF APPLICABLE) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR (OR COURT, IF APPLICABLE) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TAPCHECK USERS.
f. Jury Trial Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND TAPCHECK WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
g. Severability
With the exception of any of the provisions in the Class Action Waiver in Section (e) above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Class Action Waiver in Section (e) above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. These arbitration provisions will survive the termination of your relationship with Tapcheck.
h. Time to Initiate a Dispute
Any cause of action brought by you against Tapcheck or Tapcheck’s affiliates must be instituted within one year after the Dispute arises or be deemed forever waived and barred.
i. Opt-Out Procedure
If you are a new Tapcheck user, you can choose to reject this Agreement to Arbitrate by mailing a written opt-out notice to Tapcheck. The opt-out notice must be postmarked no later than 30 days after the date you accept this Agreement for the first time. You must mail the opt-out notice to Tapcheck Inc., Re: Opt-Out Notice, 5850 Granite Parkway, Suite 1000, Plano, TX 75024.
21. Notices
Tapcheck may give notice by any reasonable means, including, but not limited to, a general notice on the Site, by electronic mail to the email address on record in your Account, by posting in your Account, or by written communication sent by first class mail to the address of record in your Account. Such notice shall be deemed given immediately upon posting to the Site or to your Account, six (6) hours after sending by electronic mail, or forty-eight (48) hours after sending by first class mail or through any other method of notice. Except as provided herein, you may give notice to Tapcheck by mail using a nationally recognized overnight delivery service or first class mail to Tapcheck at the address listed below under “Contact Us.” Such notice shall be deemed given when received by Tapcheck.
22. Headings
Headings in this Agreement are used for convenience or reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
23. No Waiver
No delay or failure to enforce any provision of this Agreement shall constitute a waiver of any other provision, nor shall such delay or failure to enforce constitute a waiver of any subsequent default or breach.
24. Severability
Except as set forth in Section g of Paragraph 20 ("DISPUTE RESOLUTION"), if any clause or provision set forth in this Agreement is held to be illegal, invalid or unenforceable by a court, such clause or provision shall be struck and the remaining clauses or provisions of this Agreement will remain in effect to the fullest extent under law. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.
25. Assignment
You may not assign your rights and obligations under this Agreement to any third party without Tapcheck’s prior written consent. Any attempted assignment or transfer in violation of this paragraph will be null and void.
Tapcheck may assign, sell, transfer, or convey any of its rights or delegate its obligations hereunder without notice to you and without your consent, including, but not limited to, any rights, title, and interest in, and to, any processing fees or any other fees, charges, funds, or costs, as authorized by this Agreement. Subject to the foregoing restrictions, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.
26. Force Majeure
Tapcheck shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, acts of third parties, epidemic/pandemic, and/or any other causes or events beyond Tapcheck’s reasonable control.
27. Entire Agreement
This Agreement constitutes the entire agreement between the parties, and supersedes and replaces any and all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement.
28. Third Party Beneficiaries to this Agreement
You and Tapcheck acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, each Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability and indemnification, as a third-party beneficiary thereof. Except as expressly stated herein, including the rights of the Indemnified Parties, there are no other third-party beneficiaries to this Agreement.
29. Miscellaneous
No joint venture, partnership, employment, or agency relationship exists between you, Tapcheck or any third party provider of the Services as a result of this Agreement or use of the Services.
Except as expressly set forth in the Agreement, the exercise of any remedy under this Agreement will be without prejudice to other remedies available under this Agreement or otherwise.
30. Electronic Communications
a. Consent to Electronic Communications
You consent to receive communications from Tapcheck electronically, unless and until you withdraw your consent as described below. You agree that all agreements, notices, disclosures and other communications that Tapcheck provides to you electronically satisfy any legal requirement that such communications be in writing. You should print a paper copy of this Agreement and any communication that is important to you and retain the copy for your records.
Tapcheck reserves the right, in its sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which Tapcheck provides electronic communications. Tapcheck will provide you with notice of any such termination or change as required by Law.
b. Withdrawal of Consent to Electronic Communications
Consent to electronic communications is required to use the Services. If you withdraw your consent to receive communications electronically, you must stop using the Services immediately and close your Account by contacting support@tapcheck.com. There are no fees to close your Account with Tapcheck. Any withdrawal of your consent to receive electronic Communications will be effective only after Tapcheck has a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
31. Monitoring and Recording of Communications
Your use of the Services, any Application, or your access to the Site may be monitored and recorded by Tapcheck and/or any of its affiliates, subsidiaries, agents, or vendors. By using the Site, Services, or any Application, you consent to such monitoring and recording and agree you have no expectation of privacy in these communications or their use.
You further understand and agree that your communications with Tapcheck may be monitored and recorded by Tapcheck or any of its affiliates, subsidiaries, agents, or vendors. By communicating with Tapcheck, in any manner, including but not limited to through use of any the Site, the Services, any Application, telephone call, or through use of any chat features available on or in the Site, Services, or any Application, you consent to Tapcheck monitoring and recording any such communication and agree you have no expectation of privacy in these communications or their use. Tapcheck may share the contents of any such recording consistent with the terms of its Privacy Policy.
You also understand and agree that consistent with the terms of the Privacy Policy, Tapcheck, whether on its own or through services provided to Tapcheck by any affiliates, subsidiaries, agents, or vendors, may use devices, processes, or software, including but not limited to equipment which may qualify as a pen register and/or trap and trace device to capture, record, or decode (1) any dialing, routing, addressing, or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, or (2) any incoming electronic or other impulse or signal that identifies the originating number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication.
32. Communications by Phone (Phone Calls and Text Messages)
a. Consent to Communications by Phone
By entering into this Agreement and using the Services, you agree to receive transactional and marketing communications from Tapcheck relating to your Account and the Services by phone, including but not limited to telephone calls or text messages (including messages sent by SMS, MMS, or any other mechanism that exists now or in the future) to each telephone number provided by you to Tapcheck regarding the Services, including any cell phone numbers or phone numbers listed on any state or federal Do Not Call list. You understand and agree that such phone communications may be placed using an automatic telephone dialing system, a pre-recorded or artificial voice, any automated system for the selection and/or dialing of telephone numbers, or any other equipment which allows for the automatic placement of phone calls or text messages.
You are responsible for any message, data rates or fees that your telephone service provider charges in relation to phone calls or text messages sent and received by you. If you have any questions regarding those rates, contact your wireless carrier.
b. Withdrawal of Consent to Communications by Phone
Your consent to communications by phone is required to allow Tapcheck to contact you and to use the Services. If you wish only to withdraw your consent to have communications provided via text message, you may opt-out by replying “STOP” to any message you receive from Tapcheck. Upon receipt of your “STOP” message, Tapcheck will send you a single text message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from Tapcheck. Tapcheck sends both transactional and marketing messages; you may need to reply "STOP" to both types of messages to completely opt-out.
If you wish to opt out of all communications by phone, you must immediately stop using the Services and close your Account, using the instructions provided in this Section.
33. Notice to South Carolina Residents
South Carolina residents may share any comments and concerns about Tapcheck or its product and practices with the South Carolina Department of Consumer Affairs at https://consumer.sc.gov or 803-734-4200.
34. Notice to Utah Residents
Utah residents may share any comments and concerns about Tapcheck or its product and practices with the Utah Department of Commerce, Division of Consumer Protection at https://db.dcp.utah.gov/complaints.html, consumerprotection@utah.gov, or (800) 721-7233.
35. Contact Us
If you have any questions regarding this Agreement, please contact Tapcheck by sending an email to support@tapcheck.com, or writing to Tapcheck at 5850 Granite Parkway, Suite 1000, Plano TX 75024, Attention: Customer Support Department.