OnePay Gifting Terms

Overview and Agreement 

OnePay (“We”) may make available a gifting feature that allows eligible OnePay deposit account holders and their authorized users (“Recipients”) to generate a unique sharable payment link (a “Gift Link”). Third parties (“Gift Givers”) may use Recipients Gift Link to send Recipient funds via debit card. Funds received through a Gift Link will be credited to Recipient’s OnePay Account as described below. These terms apply to both Recipients and Gift Givers (“You”).

By generating or sharing a Gift Link, or using a Gift Link to send funds, Recipients and Gift Givers agree to these terms. A Gift Giver does not need to have an existing relationship with OnePay, or an account for any OnePay product or service, to send funds. Sending funds does not create such a relationship or account. 

These terms supplement the OnePay Deposit Account Agreement.

Payment processing services for gift transactions are provided by Checkout.com (or its affiliates) ("Payment Processor"), subject to the Payment Processor's own terms of service.

Generating and Sharing Recipient’s Gift Link

Recipient may generate a Gift Link though the OnePay App. Recipient is solely responsible for how they share the Gift Link. By generating and sharing a Gift Link, Recipient represents and warrants that:

• Recipient will only share their Gift Link with individuals who have voluntarily expressed a desire (or whom Recipient reasonable expect have a desire) to send them a gift;

• Recipient will not use their Gift Link in a manner that is deceptive, coercive, harassing, or that misrepresents the nature of the transaction to any Gift Giver;

• Recipient will not post their Gift Link in any public forum or channel in a manner designed to solicit funds from unknown parties;

• Recipient will not use the gifting feature in connection with any unlawful activity.

We are not responsible for any consequences arising from Recipient sharing of a Gift Link, including unauthorized use of a link that has been shared more broadly than intended. Recipients should treat their Gift Link with care. 

Sending Funds

When Gift Giver uses a Gift Link, they are sending funds directly to a Recipient, a OnePay account holder who shared the link. OnePay does not independently verify the identity of the Recipient beyond its own account holder verification processes. Gift Givers are responsible for confirming that they are sending a gift to the intended person before submitting payment. OnePay is not responsible for funds sent to an unintended recipient due to a misdirected or fraudulently obtained Gift Link.

To use a Gift Link and send funds, Gift Giver must:

• Be at least 18 years of age;

• Be a resident of the United States;

• Be the authorized user of the debit card they provide for payment; and

• Not be a person or entity subject to sanctions administered by OFAC or any other applicable sanctions authority.

Gifts may be funded using a U.S.-issued debit card only. Credit cards, prepaid cards, and other payment methods are not accepted. By submitting debit card information, Gift Giver represents and warrants that:

• Gift Giver is the authorized user of the debit card;

• The card is valid and has sufficient available funds to cover the gift amount; and

• The funds being sent are from a lawful source.
  
  

Gift Transaction Limits

We may set limits on the receipt of funds received through a Gift Link, including maximum inbound limits within a rolling 30 day period. We reserve the right to adjust these limits at any time. Attempted transactions that would cause these limits to be exceeded will be declined. We reserve the right to decline any transaction that we determine, in our sole discretion, that poses a risk management, fraud or compliance concern. 

Crediting of Funds

All gifts are funded in cash. A Gift Giver may send a gift as cash or as a stock gift; in either case, the Gift Giver sends cash. A Gift Giver does not transfer, and a Recipient does not receive, any security through the gifting feature.

Cash gifts. If a Gift Giver sends a cash gift, the funds, once successfully processed, will be credited to the appropriate Teen Checking section of the OnePay demand deposit account, as defined under the Recipient’s OnePay Deposit Account Agreement. 

Stock gifts. If a Gift Giver sends a stock gift, the Gift Giver is sending cash and designating a stock for the Recipient's consideration. The funds, once successfully processed, will be credited to the Teen Checking section of the OnePay demand deposit account and may be used toward a purchase of the designated stock or another stock the Recipient selects. To purchase a security, the Recipient must accept the gift, accept the designated stock or select a different stock, and confirm the purchase. Any resulting purchase is effected through the Recipient's brokerage account with One Growth Securities LLC (the Recipient's "Invest Account") and is placed by the Recipient on a self-directed basis, and is governed by the Recipient's OnePay Invest Account Agreement, which controls how the purchase is authorized, placed, and executed. Any purchase is also subject to any account controls the parent or guardian has established, including controls that limit or disable trading as described in the OnePay Invest Account Agreement. A Gift Giver's designation of a stock is not a recommendation or investment advice.

If no purchase is made. If the Recipient does not complete a purchase within the time period we specify (which will be presented to the Recipient at the time of the gift), the funds will remain in the Recipient's OnePay Deposit Account, and no security will be purchased. We may change this period at our discretion.

OnePay reserves the right to:

• Delay the crediting of funds pending review of a transaction for fraud, compliance, or risk management purposes;

• Decline to credit funds that OnePay determines, in its sole discretion, to be associated with fraudulent, suspicious, or prohibited activity; and

• Reverse a credit previously applied to your account if OnePay subsequently determines that the underlying transaction was unauthorized, fraudulent, or otherwise improper.

Nature of Funds; Permitted Use 

The gifting feature is designed exclusively for the receipt of personal, non-commercial gifts. The feature may not be used to receive: (a) payment for goods or services; (b) repayment of loans or debts; (c) business revenue or commercial receipts; or (d) any other funds that are not genuinely intended as a personal gift by the Gift Giver.

Misuse of the gifting feature for commercial or other prohibited purposes may result in suspension or termination of the feature or Recipient’s account.

Irrevocability; No Refunds

All successfully completed gift transactions are final and irrevocable. Once a gift is processed, the funds are credited to the Recipient's OnePay account and cannot be reversed or returned except as expressly required by applicable law or card network rules.

If a Gift Giver believes a transaction was processed in error (e.g., a duplicate charge or a technical error resulting in an incorrect amount), they should contact the financial institution associated with the debit card used for the transaction. 

Please note: initiating a chargeback for a legitimate, authorized gift transaction may constitute a violation of these Gift Giver Terms and may result in Gift Giver being prohibited from using Gift Links in the future.

Tax Responsibility

Federal and state tax laws may apply to funds received. OnePay does not provide tax advice. Users of the feature are solely responsible for determining and satisfying any tax obligations arising from funds received through the gifting feature. OnePay may be required by law to report certain transactions to the Internal Revenue Service or other taxing authorities. Consult a qualified tax advisor with any questions regarding tax obligations. 

Compliance with Law

Recipient and Gift Giver agree that the gifting feature will not be used in violation of any applicable law or regulation, including laws and regulations relating to anti-money laundering (AML), counter-terrorism financing (CTF), and economic sanctions administered by the Office of Foreign Assets Control (OFAC). We are required to monitor transactions and may be required to file reports with government authorities. We reserve the right to suspend or terminate access to the gifting feature, freeze funds, or take other action as required by applicable law or regulation. Recipient and Gift Giver agree to cooperate with any reasonable requests from OnePay for information related to your transaction as required for OnePay to comply with applicable law.

We may freeze, withhold or remit funds sent in response to a subpoena, court order, search warrant, notice or other binding order from a governmental authority or third party, including but not limited to tax levies, garnishment orders or lien notices.

Suspension and Termination

We may suspend or terminate access to the gifting feature at any time, with or without notice, including if:

• We determine or reasonable suspect that use of the feature violates these terms

• The OnePay Account is suspended, restricted or closed for any reason

• We discontinue the gifting feature generally

Modifications

We may modify these Account Holder Terms at any time. We will notify you of material changes in accordance with your Account Agreement. Your continued use of the gifting feature after the effective date of any modification constitutes your acceptance of the modified terms.

Data Collection and Privacy 

In order to process your gift transaction, OnePay and/or the Payment Processor will collect certain information from you, including your debit card information, name, and transaction details. This information is collected and processed for the purpose of completing your transaction, preventing fraud, and complying with applicable legal and regulatory requirements.

OnePay’s collection and use of your personal information is governed by OnePay's Privacy Policy, available at onepay.com/legal. The Payment Processor's collection and use of your data is governed by its own privacy policy. By proceeding with a gift transaction, you acknowledge the collection and use of your information as described in the applicable privacy policies.

Your debit card number is not stored by OnePay following completion of your transaction. Payment card data is processed and handled by the Payment Processor in accordance with Payment Card Industry Data Security Standards (PCI DSS).

Prohibited Uses

You may not use a Gift Link to:

• Transfer funds that are derived from illegal activity, including but not limited to fraud, theft, or money laundering;

• Circumvent or evade any applicable AML, CTF, or sanctions requirements;

• Make payments in connection with any unlawful scheme or enterprise;

• Send funds on behalf of any third party without their knowledge and authorization;

• Structure transactions (i.e., breaking up a larger transfer into smaller transactions) to evade reporting thresholds or detection; or

• Use the gifting feature for any commercial or business purpose.

Disclaimer of Warranties

THE GIFTING FEATURE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONEPAY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE GIFTING FEATURE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

Limitation of Liability

ONEPAY'S LIABILITY TO YOU IN CONNECTION WITH ANY GIFT TRANSACTION IS LIMITED TO THE AMOUNT OF THE TRANSACTION IN QUESTION. IN NO EVENT SHALL ONEPAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF A GIFT LINK, EVEN IF ONEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in this Section limits OnePay’s liability to the extent such limitation is prohibited by applicable law.

Governing Law; Dispute Resolution

These Terms and their enforcement shall be governed by the laws of the State of Delaware, without regard to any conflict or any choice of law provision and shall ensure to the benefit of our successors and assigns, whether by merger, consolidation, or otherwise. To the extent that any dispute arising under these Terms is not arbitrated, you consent to the exclusive jurisdiction of, and agree that such dispute may be resolved by, Federal and state courts located in Delaware. If we are successful in any such action, suit or judicial proceeding, you agree that we shall be entitled to recover to the extent permitted by law, our reasonable attorneys’ fees and court costs.

Arbitration

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, financial institution, service provider, or other entity 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 the Services, these Terms or any agreement governing the Services or the relationships between you 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 the Services 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 obtaining the Services, including, but not limited to, any dispute or claim arising before the date you obtained the Services or agreed to these Terms.

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 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. 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 these Terms 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.

CLASS ACTION WAIVER: 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.

SURVIVAL OF ARBITRATION PROVISION AND CLASS ACTION WAIVER: If any portion of the Arbitration Provision is inconsistent with the Consumer Rules or with these Terms 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 these Terms 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: (A) If there is a final judicial determination (after all appeals) that the Class Action Waiver cannot be enforced as to a particular claim or a particular request for relief, then that claim or request for relief will be decided by a court after all other claims and requests for relief are arbitrated. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court after any individual claims (such as claims seeking monetary relief) are arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. The parties acknowledge and agree that under no circumstances will a claim for public injunctive relief be arbitrated.

Arbitration of Coordinated Claims: 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.

RIGHT TO OPT OUT: If you do not want this Arbitration Provision and Class Action Waiver to apply, you must contact us by calling (toll-free) at 855-830-6200 or writing to us at One Finance, Inc., P.O. Box 513717, Los Angeles, CA 90051 within 30 calendar days of the date on which you electronically sign these Terms. 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 these 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 these Terms and any other agreement governing a product or service provided by OnePay or with a Transaction Party.

Contact

If you have any questions about these Gifting Terms or a gift transaction, please contact OnePay at:

• Phone (toll-free): 855-830-6200

• Mail:  One Finance, Inc.  P.O. Box 513717, Los Angeles CA 90051