Terms of Service

Last Updated: January 1, 2025

Welcome to Payactiv. These Terms of Service ("Terms") govern your use of Payactiv's earned wage access services and mobile application. By creating an account or using our services, you agree to these Terms.

1. Eligibility

To use Payactiv, you must:

Be at least 18 years of age
Be employed by an employer that offers Payactiv as a benefit
Have a valid bank account or debit card
Provide accurate personal and employment information
Reside in the United States

2. Service Description

Payactiv provides earned wage access, allowing you to access a portion of wages you've earned before your regular payday. This is not a loan, credit product, or cash advance. Payactiv advances funds based on your earned but unpaid wages, which are then deducted from your next paycheck.

            Important: Payactiv is not a lender. We do not charge interest. The money you access is wages you have already earned.
        

3. Fees and Pricing

Payactiv Visa Card (with Direct Deposit): FREE instant transfers
Bank Account Transfers: $1.00 per transfer
Fee Cap: Maximum $5.00 in fees per bi-weekly pay period
Cash Pickup at Walmart: Fee varies by location
ATM Withdrawals: Fees may apply for out-of-network ATMs

4. Account Usage

You agree to:

Provide accurate and current information
Maintain the confidentiality of your account credentials
Notify us immediately of unauthorized access
Use the service only for lawful purposes
Not attempt to access more than your available earned wages

5. Employer Integration

Your available earned wages are calculated based on data from your employer's time and attendance or payroll system. You acknowledge that:

Updates may take up to 24-48 hours after your employer processes time data
Your employer controls the maximum percentage of wages accessible (typically 50-90%)
Technical issues with employer integration may temporarily affect service availability

6. Repayment

Amounts accessed through Payactiv are automatically deducted from your next paycheck through your employer's standard payroll deduction process. You authorize:

Your employer to deduct accessed amounts from your wages
Payactiv to receive payment directly from your employer
Collection efforts if deduction from payroll is insufficient

7. Account Termination

We may suspend or terminate your account if:

You violate these Terms
You provide false information
Your employment with a participating employer ends
We detect fraudulent activity
Your account balance becomes negative

You may close your account at any time by contacting customer service, subject to repayment of any outstanding amounts.

8. Limitation of Liability

Payactiv is provided "as is" without warranties of any kind. We are not liable for:

Service interruptions or delays
Errors in earned wage calculations due to employer data
Indirect, incidental, or consequential damages
Loss of data or account access

9. Dispute Resolution

Any disputes will be resolved through binding arbitration rather than court proceedings. Class action lawsuits and jury trials are waived. Arbitration will be conducted under the rules of the American Arbitration Association.

10. Privacy

Your use of Payactiv is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through the app or email. Continued use after changes constitutes acceptance.

12. Contact Information

For questions about these Terms:

Payactiv Customer Service
Phone: 1-877-937-6966 (24/7)
Email: support@payactiv.com
Mail: Payactiv Inc., San Jose, CA

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.