ONE@WORK AGREEMENT
Effective as of March 18, 2025
THIS AGREEMENT INCLUDES A JURY TRIAL WAIVER AND A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTIONS 12 AND 13 BELOW FOR MORE INFORMATION. |
TABLE OF CONTENTS
2. YOUR INFORMATION AND REQUIREMENTS
3. THIRD-PARTY ACCOUNT INFORMATION
6. PAYROLL DEDUCTION AUTHORIZATION; AUTHORIZATION TO CREDIT OR DEBIT YOUR BANK ACCOUNT
7. TERMINATION OF ONE@WORK ACCOUNT
9. NO LEGAL, TAX, OR FINANCIAL ADVICE
13. ARBITRATION PROVISION AND CLASS ACTION WAIVER
14. LICENSING, CONTACTING DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION
This ONE@Work Agreement is the contract between you, the person using the ONE@Work Services (as defined below) (“you” or “your”), and One Finance, Inc., (“OnePay”) that governs your use of ONE@Work Instapay, ONE@Work Save, ONE@Work Spend and any other services offered now or in the future under the ONE@Work brand, through the ONE@Work App or the ONE@Work website (collectively the “ONE@Work Services” or “Services”). The ONE@Work Services are further detailed in Section 4 of this Agreement.
If you apply for, create, log in to or use a ONE@Work Account, then you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
The Services are a benefit program (“Program”) offered through your Employer (“Employer”) as defined below. Accordingly, your Program may be tailored to provide terms and conditions different from or additional to those contained herein, and to provide a subset of Services rather than all of the Services set forth below. Any additional or different terms and conditions and availability of Services based on your Program will be set forth in an ONE@Work Agreement Addendum (“Addendum”). The Addendum is incorporated into, supplements, and amends this Agreement. Any reference to “ONE@Work Agreement” or “Agreement” herein means this Agreement and the Addendum. In the event of a conflict between the Addendum and the Agreement, the Addendum shall govern. Not all ONE@Work Account holders will be able to access all Services at all times.
This Agreement also refers to and includes the:
Current versions of these documents and this Agreement are available at http://www.onepay.com/atwork/legal.
To access the ONE@Work Services, you must be an eligible employee of an Employer who is a customer of ONE (“Employer”), and you must create an account with ONE@Work (a “ONE@Work Account” or “Account”). Additionally, you must be a legal resident of the United States, and you must be of legal age to form a binding contract with OnePay; however we may offer ONE@Work Services to those who are 16 years or older as part of programs offered through partnerships or per your employer’s hiring practices.
You agree to provide accurate, current, and complete information—such as, but not limited to, your name, phone number and email address—as may be prompted by any registration forms available through the Services or otherwise requested by OnePay (any such information, “Account Information”). You further represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
In order to use certain Services, OnePay may be required to verify your identity. By creating an Account, you authorize us to make any inquiries we consider necessary to validate your identity. Specifically, you authorize us to obtain information about you from time to time from consumer reporting agencies, verification services, our affiliates, and other third parties to verify your identity. If you do not respond to such inquiries or we cannot verify your identity, we may refuse to allow you to use the Services.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the “Profile” section of the Services, click on “App Settings,” and update your Account Information accordingly. Should you believe or have reason to believe that any of your Account Information has been compromised, or that another person is accessing your ONE@Work Account through some other means, you agree to notify us as soon as possible at support@oneatwork.app.
You agree not to use the ONE@Work App or Services in any manner other than as intended, or in any manner that violates the OnePay Terms of Service. OnePay reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and OnePay also reserves the right to take action to protect OnePay, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to:
(i) updating information you have provided to us so that it is accurate;
(ii) limiting or completely closing your access to the App or the Services;
(iii) suspending or terminating your ability to use the App or the Services on an ongoing basis;
(iv) taking legal action against you (but note that as explained in Section 4.c, OnePay will not take action against you for failure to repay an Instapay); or
(v) holding you liable for the amount of OnePay’s damages caused by your violation of this Agreement.
To enable OnePay to provide you the Services as outlined in this Agreement—such as determining your income and expenses to provide you with a budgeting tool—you authorize OnePay to retrieve your bank account transaction history, account balance information, wages, employment schedule, bills, as well as other information maintained by third parties (“Third Parties”) with which you have employment—such as your Employer—or financial account relationships, such as your bank (all such information is collectively referred to as “Third-Party Account Information”), which OnePay may use in accordance with the Privacy Policy. OnePay works with one or more affiliated or unaffiliated service providers to access this Third-Party Account Information. By using the Services, you authorize OnePay to access this information maintained by Third Parties, on your behalf as your agent, and you expressly authorize such Third Parties to disclose your information to us. OnePay is not responsible for any errors or damages caused by these companies.
By agreeing to this Agreement, you are also agreeing 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 the ONE@Work App. OnePay does not review the Third-Party Account Information for accuracy, legality, or non-infringement, and OnePay is not responsible for your Third-Party Account Information or products and services offered by or on Third Party sites.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
ONE@WORK SERVICES ARE A VOLUNTARY BENEFIT PROGRAM. EMPLOYEES ARE NOT REQUIRED TO PARTICIPATE IN THIS PROGRAM. IF YOU DO WISH TO PARTICIPATE, THEN YOU MUST CREATE A ONE@WORK ACCOUNT TO UTILIZE ANY OF THE SERVICES SET FORTH BELOW.
As noted above, the ONE@Work Program offered through your Employer may be tailored to provide a subset of the Services discussed below, rather than all of the Services. Specific details about the services available to you will be set forth in the Addendum.
ONE@Work Spend is a budgeting tool. ONE@Work Spend relies on both historical and real-time transaction data from your linked bank account(s) held at a United States depository financial institution, and time and attendance and payroll information provided by your Employer. ONE@Work Spend then uses this information to help you budget and manage your cash flow. However, note that as further explained below in Section 9, OnePay is not a financial planner and does not offer legal, tax, or financial advice.
ONE@Work Spend relies upon data furnished by your personal financial institution that may not reflect all account transactions. It is your responsibility to ensure that ONE@Work Spend reflects all of your recent purchases including pending charges to be posted.
ONE@Work Save enables you to allocate a portion of each paycheck towards your savings, which are held in through a ONE@Work Save Account at an FDIC-insured partner bank. Use of ONE@Work Save may require that you open a deposit account with a bank partner and/or be subject to a separate user agreement between you and the bank partner. Depending on the bank partner, your ONE@Work Save Account may have full deposit account capabilities or may have several important limitations. Please review your separate user agreement for clarification on the limitations, if any, associated with your ONE@Work Save Account. You will always have at least one option to access the funds in your ONE@Work Save Account without a fee.
In accordance with your instructions, the funds you request to be saved will be either deducted from your paycheck, or withdrawn from your personal bank account where your paycheck is deposited. These transfers will be made each payday. For more details on the deduction of funds from your paycheck, see Section 6.
Depending on the type of ONE@Work Save Account, funds placed in your ONE@Work Save Account may remain there until you instruct OnePay to transfer any or all of your funds from your ONE@Work Save Account to your bank account. The transfer of the requested funds by OnePay from your ONE@Work Save Account generally will be made within two business days of when the request is received. Funds also may be transferred from your ONE@Work Save Account to your bank account without notice to you upon the closure, cancellation, or termination of your Account as described below.
About Instapay: Instapay is a service that enables you to obtain access a percentage of your earned but unpaid wages prior to payday (each advance of wages is referred to as an “Instapay”). You repay an Instapay in one payment that is automatically made on the payday immediately following the date on which you take an Instapay. If you take multiple Instapays during a pay period, they will all be repaid on the payday that corresponds to that pay period. If you do not have enough funds on your paycheck to repay an Instapay, you will automatically repay the Instapay in subsequent paychecks or as allowed per your Program, as discussed below.
You request an Instapay in the ONE@Work App. When you request an Instapay, we electronically communicate with your Employer to confirm your up-to-date time-and-attendance and payroll information.
When you request an Instapay, you will select how you want to receive the funds. Instapay funds may be available to you:
“Business days” are Mondays through Fridays, excluding holidays.
Instapays are provided in accordance with the applicable provisions of the federal Electronic Fund Transfer Act 15 U.S.C. §§ 1693 et. seq., and the regulations thereunder.
Instant Deposit: There are no fees for you to use ONE@Work Services. However, OnePay may charge an expedited funds fee if you choose to receive your Instapay funds in your bank account instantly (usually within seconds, but up to 30 minutes) via Instant Deposit, rather than choosing to receive your funds in your bank account within 1 business day. Any expedited funds fee that OnePay might charge you are set forth in the Addendum, which will be provided to you before your first Instapay request. The amount of any such expedited funds fee will be clearly displayed to you in the App when you request an Instapay and select your preferred delivery method.
If we charge you an expedited funds fee and you receive your Instapay funds, the fee is non-refundable.
Auto Instapay: Auto Instapay allows you to set up recurring Instapays. If this service is available under your Program, the details of Auto Instapay will be available in the authorization you sign when you set up Auto Instapay.
OnePay’s Recourse in the Event of Non-Payment of an Instapay: This Section sets forth the entirety of OnePay’s recourse against you in the event that an Instapay is not recovered. Any other recourse or remedies claimed by OnePay, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in this Agreement, do not apply to non-payment of an Instapay. To the extent that any recourse-related provision of this Agreement conflicts with this “OnePay’s Recourse in the Event of Non-Payment of an Instapay” Section, this Section shall control.
OnePay warrants that: (i) it has no legal or contractual claim against you based on a failure to repay an Instapay, and (ii) with respect to a failure to repay an Instapay, OnePay warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report your Early Wage Access history or activity to a consumer reporting agency. However, if OnePay cannot recoup an Instapay repayment, you will be prohibited from obtaining another Instapay from OnePay until the outstanding Instapay has been repaid. Moreover, OnePay does not waive any rights regarding identity theft, fraudulent activity, or other illegal activity, and OnePay will pursue instances of fraud, such as by taking legally permitted steps to recover Instapay disbursements that were fraudulently obtained.
If your Instapay repayment is returned unpaid by your bank for reasons such as insufficient funds, OnePay does not apply or charge any fees. However, OnePay is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a sufficient balance or available credit in your bank account. OnePay is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a sufficient balance or available credit in your bank account; however, OnePay will be liable for any fees you are charged for our error if we seek a payment in the wrong amount or on a date before the date you authorized.
Cash Pick-Up allows you to receive your money as cash, instead of in your bank account, by picking up your money at a Walmart Money Center through the Direct2Cash service provided by Walmart. After you submit a Cash Pick-Up request, your money is available to you for cash pickup usually within seconds, but up to 30 minutes.
You may use the Cash Pick-Up service in a number of ways including: (i) to receive your Instapay disbursement rather than through a funds transfer to your bank account; or (ii) to withdraw cash from your ONE@Work Save funds, depending on your bank partner. If you choose to receive a cash disbursement via Cash Pick-Up under any of the scenarios listed above, you must request the Cash Pick-Up disbursement in the ONE@Work App. The ONE@Work App will then provide you with a claim code that you can redeem for cash at any Walmart Money Center by presenting the claim code at a Walmart cash register. You will not be charged any additional fees for receiving funds through Cash Pick-Up. Please note that to pick up your cash, you will need a valid form of photo identification.
If you opt to receive funds via Cash Pick-Up, you will have 30 days to pick up your cash at a Walmart store. If the funds are not picked up within 30 days, the Cash Pick-Up will be canceled and those funds will be delivered back to your paycheck on your next pay date. Please note that the Cash Pick-Up service is provided by Walmart and its service providers, not OnePay.
If you utilize any of the Services that require OnePay to place funds into your bank account—such as Instapay or a transfer of funds from the ONE@Work Save Account to your bank account —then you authorize OnePay to electronically credit your bank account and place the funds into your account.
If your use of ONE@Work Services requires you to repay an Instapay, pay any expedited funds delivery fees, transfer funds to the ONE@Work Save Account as part of the ONE@Work Save service, or engage in any other such transaction, you authorize your Employer to make deductions from your next scheduled paycheck to make these transactions and transfer of funds. Your Program may require you to instead engage in such transactions and transfer of funds through debits and withdrawals from your bank account, in which case you authorize OnePay to electronically debit your bank account accordingly.
If you do not repay an Instapay or any expedited funds fee you may owe through a payroll deduction or from your bank account, then OnePay, your Employer, and any other associated third party has no legal or contractual claim or remedy against you based on your failure to repay. OnePay, your Employer, and any other associated third party will not engage in any debt collection activities. For deductions you authorize Employer to make from your paycheck, and for debits you authorize OnePay to make from your bank account, you agree that these deductions and debits do not constitute debt collection activities.
You also authorize your Employer to deduct from your paycheck, and you authorize OnePay to electronically debit and credit your bank account, as necessary to correct erroneous debits, credits, or payroll processing mistakes, including overpayments or inaccurate deductions.
You can access your authorizations in the ONE@Work App by going to the Profile section under “App settings.”
You can close your ONE@Work Account at any time by emailing OnePay at support@oneatwork.app, selecting “Delete your ONE@Work Account & Data” option in the ONE@Work App or by contacting a ONE@Work specialist in the ONE@Work App. If you have taken an Instapay that has not yet been repaid, you will not be able to close your ONE@Work Account until any Instapays have been repaid. There is no fee to close your ONE@Work Account.
Just like you have the right to cancel, we have the right to cancel your use of the ONE@Work Services. We may terminate this Agreement or suspend or terminate your access to or use of the Services for any reason at any time upon notice to you. For example, this can happen if we find out you are using the Services in a way that violates this Agreement. We will inform you of any such decision via email or in-app notification. You agree that OnePay will not be liable to you or any third-party for any termination of your access to the Services.
Upon the cancellation, closure, or termination of your ONE@Work Account by you or by us, upon your request, we may transfer the funds, if any, in your ONE@Work Save Account to your bank account.
If you do not use the Services for a certain period of time, applicable law may require us to report your funds in the ONE@Work Save Account with a bank partner as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in the ONE@Work Save Account with a bank partner to the applicable state as unclaimed property. The specified period of time to report and deliver funds to a state varies by state, but usually ranges between two and five years.
THE ONE@WORK APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ONEPAY AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “ONE PARTIES”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE ONEPAY PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE, OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE ONE PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THAT THE ONE@WORK APP OR THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
ONEPAY DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE ONE@WORK APP OR THE SERVICES. ONEPAY IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. ONE@WORK SPEND IS INTENDED ONLY TO ASSIST YOU IN YOUR FINANCIAL ORGANIZATION AND DECISION-MAKING. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE, AND ANY INFORMATION OBTAINED THROUGH OR SUGGESTED BY ONE@WORK SPEND IS INTENDED TO ONLY TO ASSIST YOU IN YOUR FINANCIAL ORGANIZATION, IS BROAD IN SCOPE, AND MAY NOT BE APPROPRIATE FOR YOUR SITUATION. IF YOUR EMPLOYER PROVIDES THE REQUIRED DATA TO US, ONE@WORK SPEND FEATURES ALLOW YOU TO REVIEW THE HOURS YOU HAVE WORKED, ANALYZE YOUR AVAILABLE BUDGET, AND OBTAIN A HOLISTIC PERSPECTIVE OF YOUR FINANCES. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISERS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. SOME ONE@WORK SERVICES RELY UPON DATA FURNISHED BY YOUR PERSONAL FINANCIAL INSTITUTION THAT MAY NOT REFLECT ALL ACCOUNT TRANSACTIONS. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ONE@WORK SERVICES REFLECTS ALL OF YOUR RECENT PURCHASES INCLUDING PENDING CHARGES TO BE POSTED.
THE ONEPAY PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES, THE ONEPAY MATERIALS, OR ANY CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE OR THE SERVICES, EVEN IF ONEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ONEPAY PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE SITE OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICES. IN NO EVENT WILL THE ONEPAY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $1,000 (ONE THOUSAND UNITED STATES DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the OnePay Parties from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys’ fees arising out of or relating to:
(i) your access to, use of, or alleged use of the ONE@Work App or the Services;
(ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
(iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or
(iv) any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. You agree not to settle any matter without the prior written consent of OnePay.
WAIVER OF RIGHT TO TRIAL BY JURY - WE AND YOU ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND US KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH ONEPAY OR ANY PARTNER BANK. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE ARBITRATION AND CLASS ACTION WAIVER PROVISION SET FORTH IN THE NEXT SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY BEFORE AGREEING TO THIS AGREEMENT. EXCEPT AS OTHERWISE NOTED, CAPITALIZED TERMS HAVE THE MEANING SPECIFIED IN THIS AGREEMENT.
Except as otherwise explicitly provided in this Arbitration Provision, OnePay and any bank or financial institution with which OnePay partners, together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns and any of these entities’ employees, officers, directors and agents and their successors, assigns, affiliates and service providers (collectively, the “Transaction Parties”) and you can elect to resolve any past, present or future dispute or claim (“Dispute”) arising from or relating in any way to your Account or this Agreement or the relationships between you and OnePay and/or Transaction Parties resulting therefrom, by binding arbitration under the Consumer Arbitration Rules (the “Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with your Account on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in a single proceeding.)
Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and third-party claims; federal, state and local claims; and claims which arose before the date of your application for an Account, including, but not limited to, any dispute or claim arising before the date you opened an Account or accepted this Agreement.
The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Arbitration Provision. 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 in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of this Agreement, the OnePay Terms of Service and any agreement governing a product or service provided by OnePay. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. As in court, the arbitrator can impose sanctions on any represented party or counsel permitted under AAA Rules, Federal Rule of Civil Procedure 11(b), or other applicable federal or state law. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY.
Either you or a Transaction Party can initiate arbitration. Regardless of who elected arbitration or how arbitration was elected (such as by filing a motion to compel arbitration in court), the party asserting the claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding, as well as completing the procedures set forth in paragraph 15.i. If the AAA cannot or will not administer the arbitration in accordance with this Arbitration Provision, another administrator will be selected by agreement of the parties or, if there is no agreement, by a court with jurisdiction. Any arbitration administered by the AAA will be governed by the Consumer Rules in effect on the date the arbitration is filed, and the AAA’s Procedures for the Resolution of Disputes through Document Submission (“Document Submission Procedures”). (For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 120 Broadway, Floor 21, New York, N.Y 10271, 1-800-778-7879, www.adr.org). The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees and AAA does not waive them (after you have submitted any necessary information to request waiver), a Transaction Party will pay all arbitration administrative and arbitrator fees and expenses.
The arbitration may be conducted solely based on written submissions, by telephone or videoconference, or by in-person hearing, as the arbitrator deems appropriate.
You and the Transaction Parties agree that any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Arbitration Provision. In addition, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected.
Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision.
Notwithstanding any of the foregoing, disputes or controversies about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about your Account, this Agreement, the OnePay Terms of Service or your agreements governing any product or service provided by OnePay or with Transaction Parties as a whole are for an arbitrator and not a court to decide. Courts also can decide any disputes or controversies about the validity, enforceability, coverage or scope of Section 15(J) and its requirements.
You and the Transaction Parties each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law: (a) no arbitration will be joined or consolidated with any other (except for multiple arbitrations pertaining to the same Account); (b) there is no right or authority for any Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually.
If any portion of the Arbitration Provision is inconsistent with the Consumer Rules, with this Agreement, or with the OnePay Terms of Service or any other agreements governing any product or service provided by OnePay or with Transaction Parties, this Arbitration Provision shall govern. This Arbitration Provision shall survive the closure of your Account, termination of any product or service provided by OnePay, termination of any agreement into which you enter with a Transaction Party, and any withdrawal or denial of or determination on any application for an Account; and further, you understand and agree that this Arbitration Provision applies not only to the OnePay Terms of Service and this Agreement but also to any subsequent agreement (including without limitation any agreement governing any product or service) into which you enter with a Transaction Party.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, except that:
If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel (regardless of whether the cases are pursued simultaneously), all of the cases must be resolved in staged proceedings. You agree to this process even though it might delay the arbitration of your claim. In the first stage, claimants’ counsel and OnePay will each select up to 25 cases (50 cases total) to be filed in arbitration and resolved individually by separate arbitrators (if there are fewer than 50 cases, claimants’ counsel and OnePay will each select up to half of the total number of cases). If feasible, arbitrators will be from the respective claimants’ home states. In the meantime, no other cases may be filed or proceed in arbitration. Nor may the AAA accept, administer, or demand payment for fees for other arbitrations; provided, however, that the preceding two sentences shall not apply to any claimant not associated with or represented by the same or coordinated counsel. After the first stage is completed, the parties shall engage in a single mediation of all remaining cases, and OnePay shall pay the mediation fee. If the parties cannot agree how to resolve all of the remaining cases after the mediation, the parties will repeat the process of filing up to 50 cases to be resolved individually by separate arbitrators, followed by mediation. If any claims remain after the second stage, the process will be repeated until all cases are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of claimants’ counsel. If this subsection applies to a Notice of Dispute, any statute of limitations or contractual limitations period applicable to the listed claims and requests for relief will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this Section, including the power to enjoin the filing or prosecution of arbitrations or assessment or collection of related fees. If there is a final judicial determination that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration, but the payment of AAA and arbitrator fees will be assessed as arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.
If you do not want this Arbitration Provision and Class Action Waiver to apply, you must contact us through the methods set forth in Section 16 within 30 calendar days of the date on which you electronically sign this Agreement to open your Account. To opt out, you must send to OnePay your name, mailing and email address, phone number, and a statement personally signed or electronically signed by you that you want to opt out of arbitration. Opting out will not affect the other provisions of this Agreement, the OnePay Terms or any other agreement governing a product or service provided by OnePay or with a Transaction Party. If you do not opt out, you will be bound by this Arbitration Provision and Class Action Waiver in this Agreement, the OnePay Terms and any other agreement governing a product or service provided by OnePay or with a Transaction Party.
ONE FINANCE, INC. IS LICENSED BY THE CALIFORNIA DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION (“DFPI”). NOTWITHSTANDING THIS LICENSE, THE ONE@WORK SERVICES ARE NOT APPROVED OR ENDORSED BY THE DFPI. YOU ARE INVITED TO SHARE ANY COMMENTS OR CONCERNS ABOUT ONE FINANCE, INC. OR ITS PRODUCTS AND SERVICES WITH THE DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION AT (866) 275-2677 (TOLL-FREE) OR AT THE FOLLOWING URL: HTTPS://DFPI.CA.GOV/FILE-A-COMPLAINT/.
This Agreement is the entire understanding and agreement between you and OnePay. This Agreement supersedes any previous Terms of Service agreement, User Agreement, Terms and Conditions agreement, or other agreement to which you and OnePay may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. We have the right to assign any of our rights hereunder relating to an Instapay, including any expectations of payment with respect to an Instapay or any rights to recoup (electronically or otherwise) funds payable in connection with an Instapay, to any of our affiliates or a third-party, unless inconsistent with Section 4. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
We may at any time change or delete any term of this Agreement or add any new terms to the Agreement. When required by law, we will give you notice before the effective date of any such change, deletion, or addition that is adverse to you in writing or by any other method permitted by law. If you are unwilling to agree to such amendments, you have the right to discontinue using the ONE@Work Services prior to the changes taking effect. Your continued use of the Services or the ONE@Work App after the effective date of the change constitutes your agreement to the amended Agreement. You can also access the most recent version of this Agreement in the ONE@Work App.
OnePay may terminate, suspend, change, or restrict access to all or any part of the App or the Services without notice or liability.
Except for Section 13 which is governed by the Federal Arbitration Act, and the following exception, this Agreement and all Claims are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
For users of the Service in South Carolina, as determined by their work state provided to us by the employer, this Agreement and all Claims are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Section 13 will remain governed by the Federal Arbitration Act for these users.
To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer you’re the ONE@Work Services, your ONE@Work Account, or this Agreement without our prior written consent.
The following provisions of this Agreement shall survive termination of your use or access to the App or the Services: the sections concerning:
Subject if any provision of this Agreement is found to be invalid, unlawful, void, or unenforceable by either an arbitrator or a court of competent jurisdiction, this Agreement’s remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
You agree that if OnePay does not enforce any of its legal rights or remedies under this Agreement, or other legal rights or remedies OnePay has under applicable laws, this shall not be construed as a formal waiver of those rights or remedies or any other rights in any way whatsoever.
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of the Agreement's provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement shall be construed so the singular includes the plural and the plural includes the singular.
Prior to initiating a lawsuit or arbitration regarding a legal dispute or claim relating in any way to this Agreement or the Account (as more fully defined in the Arbitration and Class Action Waiver provision, a “Dispute”), the party asserting the claim (the “Claimant”) shall give the other party (the “Defending Party”) written notice of the claim (a “Notice of Dispute”).
Any Notice of Dispute to you shall be sent by mail or email to the address for you maintained in our records. Any Notice of Dispute to us shall be sent by mail to One Finance, Inc., Attn: Notice of Dispute, P.O. Box 513717, Los Angeles, CA 90051 (or such other address as we subsequently provide you). Any Notice of Dispute must include: (i) your Account number; and (ii) the Claimant’s name, mailing and email address, and phone number; and (iii) a description of the nature and basis of the Dispute and the specific relief sought. The Notice of Dispute must be personally signed by you if you are the Claimant or by our representative if we are the Claimant. To safeguard your account, if you are represented by an attorney, your Notice of Dispute must also include a signed statement authorizing us to discuss your account and share your confidential account information with your attorney.
Whoever sends the Notice of Dispute must give the other party 60 days after receipt of a fully complete Notice of Dispute to investigate the claim. During that period, either you or we may request an individualized discussion (by phone call or videoconference) regarding settlement (“Informal Settlement Conference”). You and we must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and representative from OnePay must personally participate, unless otherwise agreed in writing. Your and our lawyers (if any) also can participate.
Any applicable statute of limitations or contractual limitations period will be tolled for the claims and request relief in the Notice of Dispute during the “Informal Resolution Period,” which is the period between the date a complete Notice of Dispute is received and the later of (i) 60 days later or (ii) the date the Informal Settlement Conference is completed, if timely requested.
A lawsuit or arbitration asserting a Dispute cannot be commenced until after the Informal Resolution Period has ended for that Claim. Section 13 has additional requirements for commencing certain coordinated arbitrations. The requirements of this Section are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration or lawsuit. In addition, unless prohibited by applicable law, the arbitration provider may not accept or administer the arbitration, nor assess fees for such an arbitration.
This Agreement as well as the documents incorporated by reference herein constitute the entire and sole agreement between you and us with respect to the Account and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Account, provided however that to the extent a customer obtains other products or services offered by us, such as a previously obtained a Credit Line, those products or services may have additional agreements that govern the terms of such product.
For purposes of these disclosures, OnePay’s business days are Mondays through Fridays, excluding holidays.
If you have questions regarding the Agreement or the practices of OnePay, please contact us by e-mail at support@oneatwork.app or by regular mail at One Finance, Inc., P.O. Box 513717, Los Angeles, CA 90051, Attention: Legal & Compliance.
Certain state-specific requirements may apply to your loan based on your residency as reflected in your address that you provided to us:
For Missouri customers:
The Missouri Division of Finance has jurisdiction over earned wage access services performed by OnePay. Customers can submit complaints about OnePay’s earned wage access services to the Missouri Division of Finance at https://finance.mo.gov/consumers/ or by calling (573) 751-3242.
For South Carolina customers:
Customers can submit complaints about OnePay’s earned wage access services to the South Carolina Department of Consumer Affairs at https://consumer.sc.gov or by calling (803) 734-4200.