On-Demand Pay Program Terms

Last updated: March 30, 2026

Welcome to the DailyPay On-Demand Pay Program!

By using the DailyPay On-Demand Pay Program, you agree to these On-Demand Pay Program Terms, the DailyPay Cycle Payment Terms available at https://www.dailypay.com/legal/cycle-terms/, the DailyPay Terms of Service available at https://www.dailypay.com/legal/terms-of-service/, and the DailyPay Reward Payment Terms available at https://www.dailypay.com/legal/reward-terms/. Please read these On-Demand Pay Program Terms, the DailyPay Cycle Payment Terms, the DailyPay Terms of Service, and the DailyPay Reward Payment Terms carefully. Capitalized terms used in these On-Demand Pay Program Terms have the meanings provided in Section 11 below.

Other Languages: We may offer you a version of these On-Demand Pay Program Terms in another language to facilitate your understanding of these On-Demand Pay Program Terms, but in case of disputes or controversies the English version will prevail.

1. The DailyPay On-Demand Pay Program Provides You with Information and Budgeting Tools at No Cost

DailyPay provides software to individuals that enables the individuals to access their unpaid earnings. When you sign up for the DailyPay On-Demand Pay Program, we will create your DailyPay account. No personal credit report, credit score, or credit underwriting of you is required or used to determine your eligibility to participate in, or the terms of your participation in, the DailyPay On-Demand Pay Program. The DailyPay On-Demand Pay Program provides you with information and budgeting tools, which you can use for free. The information and tools the DailyPay On-Demand Pay Program provides can help you monitor the hours you have worked, analyze and predict your net pay, and obtain a better picture of how much money you have earned so you can budget.

2. You Can Also Use the DailyPay On-Demand Pay Program to Access Your Unpaid Earnings

In addition to the information and budgeting tools described in Section 1, you can use the DailyPay On-Demand Pay Program to access some or all of the money you have already earned (i.e., your Unpaid Earnings, as defined below).

Here is how this feature works:

From time to time, you may use the DailyPay On-Demand Pay Program to ask us to access some or all of your Unpaid Earnings. You must link at least one Bank Account to your DailyPay account and designate one Bank Account as your Primary Bank Account. You may also link a Debit Card to your DailyPay account.

In the DailyPay mobile application, we will disclose to you how much of your Unpaid Earnings we are able to provide, present you with two transfer speed options, and prompt you to choose a Destination Account for your receipt of the Amount Provided; however, due to state law, the number and type of available transfer speed options may vary or be limited in some states, and the instant transfer speed option may not be available to all users. After you have specified a Destination Account, we will send to it the Amount Provided, unless you specify a different Destination Account.  The fee range for each transfer speed option is disclosed below.

*Instant transfer fees vary by employer. Please log in to your DailyPay account for more information. Instant transfer fees may be reduced or waived in connection with a promotion or use of another DailyPay product.

We will not require you to pay any other charges or fees to access your Daily Earnings.  You will have an opportunity to accept the transaction terms before finalizing the transaction. When you accept the transaction terms, you give us all right, title, and interest to the related Daily Earnings, and we will send the Amount Provided to your selected Destination Account, so that you can use your money whenever, wherever, and however you wish. We do not assume any liabilities or duties related to any Unpaid Earnings: any such liabilities and duties will remain solely with you. By giving us your right, title, and interest in and to your Daily Earnings, you agree that we can stand in your shoes and receive payment for the Daily Earnings from the Hiring Entity. 

When you access your Unpaid Earnings from us for the first time, we will set up your DailyPay Routing and Account Number.  By agreeing to these On-Demand Pay Program Terms, you authorize us to convey instructions to the Hiring Entity on your behalf to designate the DailyPay Routing and Account Number as the direct deposit account of record in the Hiring Entity’s payroll system and instruct the Hiring Entity to direct all of your net pay to that account. This means that when the Hiring Entity runs payroll or pays fees, all of your net pay or fees will be directly deposited in the account bearing the DailyPay Routing and Account Number. We will verify with the Hiring Entity that you work for the Hiring Entity and the amount of your Unpaid Earnings. For each pay period, we will keep any Daily Earnings and instant transfer fees (if any), and you will receive the rest of your Unpaid Earnings in your Primary Bank Account. In some cases, we may disburse the rest of your Unpaid Earnings to another one of your Destination Accounts.

If you provide services to a Hiring Entity that in the normal course does not share certain time and attendance information with us, we may enable you to access some or all of your Unpaid Earnings based on our reasonable determination of them from information provided by you and the Hiring Entity.  In such a case, each time you ask us to access any of your Unpaid Earnings, we will also verify with the Hiring Entity that you work for the Hiring Entity and will ask you to make additional representations to us about your Unpaid Earnings.

You must notify us immediately if the information for any of your Destination Accounts changes. If you do not, your participation in the DailyPay On-Demand Pay Program, including your payments or Daily Earnings and Unpaid Earnings, could be adversely impacted. We are not liable for any of these adverse impacts. We also do not control when the financial institution providing any of your Destination Accounts posts incoming payments, so there may be delays which are beyond DailyPay’s control and which you may resolve with your financial institution. You may also change the Destination Accounts we have on file for you through the Services by changing your DailyPay account settings. If you have any difficulty changing your settings, you may email us a request for assistance at: [email protected]. We may use third-party service providers to interact with your Primary Bank Account or Destination Accounts, including obtaining and exercising your authority to manage and initiate credit transactions involving your Primary Bank Account or Destination Accounts. You agree that such transactions are subject to the terms of the third-party service providers. You authorize us and these third-party service providers to interact with your Primary Bank Account or Destination Accounts to the extent necessary to provide to you the DailyPay On-Demand Pay Program.

If we believe there has been fraudulent or suspicious activity related to your DailyPay account, if you are no longer an employee of or service provider to the Hiring Entity, if we learn that you are expected to receive a payment of Unpaid Earnings directly from the Hiring Entity or someone other than DailyPay, or if you violate or breach any of your agreements with us, we reserve the right, in our sole discretion, to delay, suspend, or terminate your access to your DailyPay account, your participation in the DailyPay On-Demand Pay Program, and payments.

You may cancel your participation in the DailyPay On-Demand Pay Program at any time, through the DailyPay mobile application or by contacting us at [email protected], without incurring a penalty.

If your participation in the DailyPay On-Demand Pay Program is cancelled or terminated, you authorize us to inform the Hiring Entity and to provide the Hiring Entity for payment purposes the Primary Bank Account and related information we have on file for you. This process may take one (1) to two (2) pay periods if at the time of cancellation or termination you have accessed Unpaid Earnings from us for which we have not received the related Daily Earnings, or if you have agreed with us to resolve a technical or administrative error as further set forth in Section 9 below.  You consent to your pay being sent to the Primary Bank Account we have on file for you after the direct deposit switch process is completed, unless you specify otherwise.

If your participation in the DailyPay On-Demand Pay Program is canceled, delayed, suspended, or terminated, then other DailyPay features might still be available to you through your DailyPay account. You might continue to have access to such other features through the DailyPay mobile application, unless your DailyPay account is also closed. Instructions for closing your DailyPay account are in Section 2 of the DailyPay Terms of Service.

3. The DailyPay On-Demand Pay Program Is a Non-Recourse Program

Our right to receive your Daily Earnings is not intended to create any debt obligation owed by you to us and is also non-recourse. This means that if the Hiring Entity does not pay us the amount of the Daily Earnings—for example, if the Hiring Entity is unable to make payment because its business has slowed down or closed in the ordinary course of business—then you will owe us nothing. Under such circumstances, we will have no direct or indirect legal or contractual claim or remedy against you, including no right to take payment from your regular transaction accounts (i.e., deposit accounts, prepaid accounts, or payroll card accounts), based on our inability to collect the full amount of the Daily Earnings, and we will not engage in debt collection activities against you, place the Daily Earnings as a debt or sell them to a third party for collection, or report you to a consumer reporting agency.

We acknowledge that having the right to receive your Daily Earnings has associated risks for us, and we assume these risks based on the representations, warranties, and promises you make in these On-Demand Pay Program Terms. You agree that the provisions of these On-Demand Pay Program Terms are designed to give us a reasonable and fair opportunity to receive the benefit of our transaction with you.

4. You Consent to the Hiring Entity Sharing Data with Us and Receiving Data from Us

The DailyPay On-Demand Pay Program relies upon information from the Hiring Entity about you. You consent to the Hiring Entity sharing data required for us to provide the DailyPay On-Demand Pay Program. This includes:

• Your name;

• Your employee identification number, if applicable;

• Your contact information (including your email and your mobile phone number);

• Your earnings and timecard information, if applicable;

• Your gross and net pay;

• Your bank account or debit card information (for purposes of facilitating payments); and

• Any other related data shared by the Hiring Entity.

DailyPay only requests information from the Hiring Entity that is required to provide the DailyPay On-Demand Pay Program, and such information is not shared outside of DailyPay, other than with regulators, the Hiring Entity, and DailyPay’s service providers that are necessary to provide the DailyPay On-Demand Pay Program.

You may also provide information or content directly to us through the DailyPay On-Demand Pay Program. You grant and will grant to DailyPay and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to: (A) copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the DailyPay On-Demand Pay Program; and (B) use your User Content in aggregated and/or anonymized format in connection with (i) the promotion, advertising, or marketing of the DailyPay On-Demand Pay Program or (ii) other services we provide to our customers and business partners. You represent and warrant that you have the rights to upload, input, or submit the User Content to the DailyPay On-Demand Pay Program and grant the foregoing license. DailyPay is not obligated to pre-screen or review User Content, but DailyPay reserves the right to do so to ensure your compliance with these On-Demand Pay Program Terms. DailyPay will also have the right (but not the obligation) in its sole discretion to disable access to or delete any User Content that it considers in violation of these On-Demand Pay Program Terms or to be otherwise illegal. DailyPay may share User Content with the Hiring Entity, and any third-party service providers, as well as otherwise described in the Privacy Policy.

5. You Authorize Electronic Payments to Your Bank Account

You authorize DailyPay to initiate ACH payments to your Bank Account and agree that all such payments comply with law. These payments will consist of either (i) the Amount Provided, which we transfer to you at the time disclosed to you when you choose your transfer method; or, (ii) your Unpaid Earnings, which we typically transfer to you at the time the Hiring Entity runs payroll. We may reverse erroneous transactions in accordance with National Automated Clearing House Association rules. We will provide the Services in accordance with any applicable provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq., and any applicable regulations thereunder.

The availability of funds in your Bank Account will depend on the funds availability policy of the financial institution holding your Bank Account, which may limit the availability of such funds, including through use of “cut-off times” by which items must be deposited to be processed on a given day.

If you change your Bank Account or add additional Bank Accounts, you authorize DailyPay to initiate ACH payments to such Bank Accounts on the same terms described in this Section 5. The authorizations in this Section 5 will remain in full force and effect until you cancel your participation in the DailyPay On-Demand Pay Program, as provided in Section 2 of these On-Demand Pay Program Terms.

6. Rules of the Road

You promise us that:

• You will take all actions, including the execution of documents requested by us, to preserve and protect our right, title, and interest in and to any Daily Earnings;

• You will not take any action or make any omission (including redirecting payments, or placing or allowing placement of a lien or security interest on any Daily Earnings) that has, individually or in the aggregate, an adverse effect on our ability to collect on or retain any Daily Earnings; and

• You will not use the DailyPay On-Demand Pay Program to obtain more Unpaid Earnings than you have earned, including receiving payments on the Daily Earnings from both DailyPay and another person for the same work. If you receive a payment on the Daily Earnings from the Hiring Entity or someone other than DailyPay, you must notify us immediately and hold the amount in trust for our benefit.

7. You Make Certain Representations and Warranties to Us

You represent and warrant to us on a continuing basis that:

• These On-Demand Pay Program Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;

• The execution, delivery, and performance of these On-Demand Pay Program Terms by you does not violate any law or the provisions of any agreement to which you are bound;

• There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these On-Demand Pay Program Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Daily Earnings; and

• You have not used any name with us or with the Hiring Entity other than the name you used or verified to establish your DailyPay account.

And each time you ask us to access any of your Unpaid Earnings, you also represent and warrant to DailyPay that at the time of your request:

• You hold all legal right, title, and interest to and in the Unpaid Earnings, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Unpaid Earnings to any third party;

• The Unpaid Earnings are presently and unconditionally owed and have not been modified, dismissed, settled, or paid; are not currently past due; and represent the amount owed by the Hiring Entity arising solely from your actual and timely provision to the Hiring Entity in the ordinary course of business of lawful services, which you have accurately recorded and described to the Hiring Entity;

• The Unpaid Earnings are not subject to any Dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and

• There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the Unpaid Earnings or their underlying services.

8. You Are Responsible for All Disputes Between You and the Hiring Entity

The DailyPay On-Demand Pay Program relies upon information about you that the Hiring Entity provides to DailyPay. Sometimes the Hiring Entity might disagree with you about the amount of Unpaid Earnings you earned or the amount that it owes you. We do not resolve or otherwise become involved in Disputes between you and the Hiring Entity. Instead, resolving such Disputes is your sole responsibility.

9. We Will Work with You to Resolve Excessive or Duplicative Amounts Arising from Technical or Administrative Error Events

If the following technical or administrative error events occur, you may receive, or be expected to receive, amounts from us in excess of or in duplication of your Daily Earnings or the Amount Provided:

• We pay you an amount you did not request or more than the Amount Provided due to an operational error;

• You directly receive any payment on the Daily Earnings from the Hiring Entity or someone other than DailyPay pursuant to Section 6, or if we learn that you are expected to receive such a payment from the Hiring Entity or someone other than DailyPay; or

• You otherwise receive or retain an Amount Provided that was determined with respect to Daily Earnings in excess of those to which you were legally entitled to receive from the Hiring Entity, misdirect funds from DailyPay, or commit any other act (or omit any other act) that is a breach of the representations, warranties, or promises of Sections 6, 7, or 8.

If any of these technical or administrative error events occur, we may give you the option to resolve such amounts by (i) authorizing us to settle such amount against your next paycheck or (ii) in another manner mutually agreed to by you and us. If another mutual agreement is not made, or if the amount is $20.00 or less, we may settle such amount against your next paycheck.  

If any of these technical or administrative error events occur and are not resolved, we may delay, suspend, or terminate your access to your DailyPay account or your participation in the DailyPay On-Demand Pay Program.

10. Credit Health

As a DailyPay On-Demand Pay Program participant, we may offer an optional credit monitoring service to you via the Services. The credit monitoring service is designed to provide you with information to help you monitor your credit file, including your credit score. If you switch on notifications, you may receive messages or alerts that notify you of certain changes to your credit file. You will not be notified of all changes to your credit file and there may be delays in being notified of changes. It is important to remember that even though the credit monitoring service may help inform you of certain information and changes in your credit file, it is up to you to keep a steady eye on your credit file and information.

You understand that by signing up for the credit monitoring services:

• You are providing "written instructions" through the DailyPay mobile application or website, as applicable, to our third-party service provider and its employees, agents, subsidiaries, affiliates, and contractors to access your credit files from any of the credit reporting agencies and to obtain and use on a recurring basis with your credit monitoring services personal information you share during the enrollment process, to access your credit files from any of the credit reporting agencies, and to exchange information about you with any such credit reporting agency in order to verify your identity and to provide credit monitoring services to you.

• You agree and hereby authorize us to provide access to your personal information through its website, to third parties as provided in our Privacy Policy, as may be amended from time to time, solely to confirm your identity and display your credit data to you.

• You waive any and all claims against us and our agents, third-party service providers, and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.

While enrolling for the credit monitoring services, our third-party service provider, through the DailyPay mobile application or website, as applicable, may ask you for the following types of information: contact information (such as name, address, phone number, and email address); sensitive information (such as date of birth, driver's license number and social security number); and other personal information. This information is required in order to enable the third-party service provider to verify your identity and communicate with the credit reporting agencies as necessary to provide the credit monitoring services. We will not have access to, or the ability to use, any personal information that you provide to our third-party service provider to enroll in or access credit monitoring services. Your enrollment in and use of the credit monitoring service, and the information the credit monitoring service provides, will not impact your eligibility to participate in, or the terms of your participation in, the DailyPay On-Demand Pay Program.

11. Definitions Used in These On-Demand Pay Program Terms

The following terms used in these On-Demand Pay Program Terms have the following meanings:

• “ACH” means the Automated Clearing House.

• “Amount Provided” means the amount of the Daily Earnings, minus our transaction fee, if any. Our transaction fee, if any, is netted from the payments to you that we facilitate.

• “Bank Account” means any valid bank account, paycard or general purpose reloadable card issued in your name by a financial institution in the United States that is capable of receiving third-party loads and that you elect to link to the DailyPay On-Demand Pay Program and for which you have provided DailyPay an account and routing number.

• “Daily Earnings” means the Unpaid Earnings we make available to you before the Hiring Entity runs payroll.

• “DailyPay,” “our,” “us,” and “we” mean DailyPay, LLC.

• “DailyPay account” has the meaning set forth in the opening paragraphs of the DailyPay Terms of Service.

• “DailyPay On-Demand Pay Program” has the meaning set forth in the opening paragraphs of the DailyPay Terms of Service.

• “DailyPay Routing and Account Number” means an account and routing number (which account and routing number DailyPay may change from time to time) that DailyPay establishes for your participation in the DailyPay Program.

• “Debit Card” means any valid debit card, prepaid debit card, or paycard issued in your name by a financial institution in the United States that is capable of being processed by third-party service providers for real-time disbursements that you elect to link to the DailyPay account.

• “Destination Account” means your Bank Account or Debit Card that you linked to the DailyPay account for the purpose of receiving the Amount Provided.

• “Dispute” means a situation in which the Hiring Entity questions, objects, denies, challenges, or contradicts the quality, quantity, or other aspect of any of your services that are related to the Unpaid Earnings, and is unwilling to pay or claims a right to recover any portion of the Unpaid Earnings.

• “Hiring Entity” means the entity to which you provide services.

• “On-Demand Pay Program Terms” means these DailyPay On-Demand Pay Program Terms.

• “Primary Bank Account” means your Bank Account that you instruct DailyPay to use when sending you your paychecks.

• “Services” has the meaning set forth at the top of the DailyPay Terms of Service.

• “Unpaid Earnings” means the right to payment for pay owed to you by the Hiring Entity arising out of services you have provided to the Hiring Entity or its customers and any other related rights.

• “User Content” means, in addition to information that is made available to DailyPay through your use of the DailyPay On-Demand Pay Program, information about you that you provide DailyPay, including information about your financial, personal, or professional activities.