OnePay Terms of Service
Effective as of June 25, 2026
These OnePay Terms of Service (the “Terms”) govern your access to and use of the products offered by One Finance, Inc., OneProgress Services LLC, OneProgress Assets LLC, Payment Progress LLC and One Growth Portfolio LLC (collectively, “OnePay" "us," "we," or "our") or by us through our bank partners and affiliates either now or in the future, including, but not limited to, any deposit product, credit product, debit card, artificial intelligence or machine learning-powered feature or tool, and other financial services offered by or through OnePay, as well as services offered through OnePay under the OnePay@Work brand (collectively, the “Products”). Products may be accessed through the OnePay website, the OnePay mobile application, the OnePay MCP server, the ONE@Work mobile application or via a web-based portal from a third-party site where these terms are presented to you (the “OnePay Platform”). The Products and the OnePay Platform are collectively the “Services” offered by OnePay.
PLEASE READ THESE TERMS BEFORE USING THE SERVICES. IF YOU DO NOT AGREE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
ARBITRATION NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION (the “Arbitration Provision”) THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 14 BELOW FOR MORE INFORMATION.
Please read these Terms carefully before using the Services. By accessing, using, or applying for or accessing the Services, you agree that you have read, understood, and agree to be bound by these Terms, including the Arbitration Provision and Class Action Waiver, even if you do not obtain any Product from us.
By accepting these Terms, you also acknowledge and agree to the applicable Privacy Notices and Policies, which also apply to your access to use of the Services and which are incorporated by reference into these Terms.
GENERAL
You must be a resident of the United States and be 18 years or older to use the Services. However, we may offer certain Products and permit access to the OnePay Platform to individuals who are 16 years or older as part of programs offered through partnerships.
The Services are not intended for use by persons residing outside of the United States and its territories or who are in any country or other jurisdiction where use of the Services would be contrary to applicable laws or regulations. We may restrict your access to the Services during times you are in a country or jurisdiction other than the United States. You are responsible for compliance with all applicable laws. By offering information, products, or services via the Services, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
Your submission of an application or other request for any Product does not create a OnePay relationship. A relationship is not formed unless and until OnePay confirms acceptance of your application for a Product. OnePay may require additional information, documentation, or verification from you before, during, or after accepting any application, and may decline any application in its sole discretion, subject to applicable law.LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, applicable law and your eligibility to use the Services, OnePay grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial use in the manner expressly permitted by OnePay. This license is granted only to individuals who maintain a customer relationship in good standing and who are permitted to access and use the Services under these Terms. OnePay may decline, suspend, limit, modify, or revoke this license, or any portion of it (including access to any Service, in whole or in part, with respect to you or to all users), at any time in OnePay's sole discretion, with or without notice. All rights not expressly granted to you in these Terms are reserved by OnePay and its licensors
Your use of the Services is limited to the intended function of the Services. Unauthorized use of the Services and related systems, including but not limited to unauthorized entry into, or misuse of any information posted on, the Services, is strictly prohibited. You are prohibited from using the Services, including, the tools and features made available through the Services (e.g. AI-Powered Features), in any manner that:
i. Constitutes a commercial use;
ii. accesses data that is not intended for you;
iii. invades the privacy of, obtains the identity of, or obtains any personal information about any other user of the Services;
iv. probes, scans, or tests the vulnerability of the Services or our network or breach security or authentication measures without proper authorization;
v. attempts to disrupt the Services or otherwise interferes with our business, including, without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
vi. sends unsolicited communications, including promotions and/or advertising of any Services
vii. is unlawful, fraudulent, or deceptive;
viii. encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
ix. violates the Terms or any other policies or agreements that you enter into with us;
x. attempts to reverse engineer, disassemble, decompile or decipher the Services or software making up the Services;
xi. navigates or searches the OnePay Platform with any non-permitted tool, software, agent, engine, or other means (including bots, avatars, intelligent agents, or spiders);
xii. circumvents any rate limits, access controls, or security measures;
xiii. fails to comply with applicable third-party terms;
xiv. constitutes any other inappropriate conduct, as determined by us in our sole discretion.
xv. generates or disseminates content that is false, misleading, defamatory, or harmful;
xvi. represents any Output generated by an AI-Powered Feature as human-generated professional advice or as the views or recommendations of OnePay;
xvii. reverse engineers, extracts, or reconstructs any underlying model, algorithm, training data, or proprietary methodology;
xviii. scrapes, harvests, or systematically collect data from the Services or OnePay Platform beyond the scope authorized by OnePay;
xix. accesses the Services through any third-party AI tool, agent, or integration not authorized by OnePay (except as expressly authorized by OnePay under Section 11 of these Terms.);
xx. uses Third-Party AI Access to initiate or authorize transactions, transfers, or account changes except as expressly permitted by OnePay;
xxi. generates or disseminates content that is unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane; hateful, harassing, abusive, violent, or highly offensive, including content that attacks or dehumanizes any group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation; pornographic, images of explicit nudity, depictions of graphic violence or gore, political content, or content that otherwise promotes, glorifies, or threatens violence;
xxii. generates or disseminates spam, ransomware, keyloggers, viruses, malware, or other software, or any content containing corrupted data or other harmful, disruptive, or destructive files;
xxiii. impersonates any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
xxiv. interferes with, circumvent, or disable any safety, content-moderation, security, or privacy control or mechanism;
xxv. uses any Output to provide, or to hold out as providing, medical, legal, financial, investment, tax, or other licensed or professional advice to any third party;
Your eligibility for a particular Service is subject to our final determination, restrictions, and acceptance. If you violate any provision of these Terms, your permission to use any of the Services may be terminated. We, in our sole discretion may terminate your user account or suspend, deny or terminate your access to the Services at any time, with or without notice.
To access the OnePay Platform and to use our Services, you will need a working connection to the internet via a web browser or an app on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, the Services and OnePay Platform may not be available for your use. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Services, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Services caused directly or indirectly, in whole or in part, by your computing device, your inability to establish a connection to the internet, your internet service provider, or capacity or other limitations or constraints of the internet.
We reserve the right to terminate any Service in whole or in part at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide accurate and timely information on the Services, there may be inadvertent, technical, or factual inaccuracies and typographical errors.IMPORTANT INFORMATION ABOUT OPENING A NEW ACCOUNT (USA PATRIOT ACT)
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you apply for certain Services, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. If all required documentation or information is not provided, OnePay may be unable to provide you with the Services requested or otherwise establish a relationship with you.
By accessing or using the Services, you represent and warrant that you are not (a) identified on the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”), or any other sanctions list maintained by OFAC, the U.S. Department of State, or other competent authority; (b) located in, ordinarily resident in, or organized under the laws of any jurisdiction subject to comprehensive U.S. sanctions; or (c) otherwise the subject of U.S. sanctions or trade restrictions. You agree that you will not use the Services in violation of any U.S. economic sanctions, anti-money-laundering, or counter-terrorism laws.
In addition, OnePay may collect, use, retain, and disclose information about you, your account, your transactions, your communications with OnePay, and your use of the Services as OnePay determines reasonably necessary to: (a) comply with applicable law, legal process, and government, regulatory, or self-regulatory requests (b) detect, investigate, and prevent fraud, security risks, and other unlawful or harmful activity; (c) protect the rights, property, or safety of OnePay, our customers, our bank partners, or others; or (d) enforce or defend OnePay’s agreements and legal claims. Recipients may include law enforcement, regulators and self-regulatory organizations, our bank partners and other financial institutions, payment networks, affiliates and service providers, courts and parties to legal proceedings, and other appropriate parties. This is in addition to the disclosures described in the OnePay Privacy Notice and Policy.BETA AND PREVIEW SERVICES
From time to time, OnePay may make Services or features available to you on a beta, preview, pilot, early access, "alpha," or other pre-release basis (each, a "Beta Service"), and may designate Services or features as such by labeling them in the OnePay Platform, by notice to you, or otherwise. You acknowledge and agree that Beta Services are made available for testing and evaluation, that they may contain bugs, errors, defects, or other issues, that they may not function as intended, and that OnePay may modify, suspend, limit, or discontinue any Beta Service, in whole or in part, at any time without notice. OnePay has no obligation to provide maintenance, support, or continued availability of any Beta Service.TRANSACTION DATA
General
When you use our Services you may give us access to, and we may collect your financial data from your other third-party accounts (e.g. payments into and out of such accounts including the date, time, amount, merchant or beneficiary details, or ATMs associated with such transactions), we may receive data from financial institutions from which you have obtained and use their products or services through the OnePay Platform, or we may receive data from partners or your employer, for use in connection with the Services (collectively “Transaction Data”). When you obtain and use Services from OnePay, you acknowledge that third party financial institutions, your employer and other partners may disclose, and where applicable you expressly authorize and consent to the disclosure of, Transaction Data to OnePay, to be used by OnePay for any permitted use described in OnePay’s Privacy Policy, including, not limited to initiating debits to, and credits from, any external bank or financial account you have linked to OnePay in order to fund your Services, complete transfers or transactions you initiate, satisfy amounts you owe to OnePay, or otherwise carry out the purposes you have authorized, which actions, to the extent permitted by applicable law and the terms governing your linked external accounts, you also authorize OnePay and its service providers to initiate.Shared Pocket Transaction Data.
OnePay deposit account owners may provide, or be provided with, access to shared pockets, which make it possible to share pockets for depositing, withdrawing, and borrowing funds. By creating and adding someone to a shared pocket, you authorize that person to access funds and information associated with the shared pocket. In addition, as the creator of a shared pocket, you agree to share all information relating to that pocket (including all the transaction history about the shared pocket from the time you created it).
COMMUNICATIONS
If you submit an email address to us through the Services, we may use your email address to communicate with you electronically. You are responsible for providing OnePay with, and for maintaining the accuracy and currency of, an email address at which you can reliably receive communications from OnePay, and you agree to promptly update your email address through the OnePay Platform whenever your email address changes. You acknowledge and agree that OnePay is entitled to rely on the email address you have provided to us as your current and accurate email address for purposes of all communications, notices, and disclosures, including legally required disclosures, and that OnePay shall have no obligation to independently verify or update the email address in our records. You understand that there are risks associated with communicating via email, including the possibility of unauthorized access, failure to receive emails because they have been misdirected or sent to a spam folder, and your inability to access email due to power outages, hardware, or software malfunctions or failures of your computing device, or matters affecting the internet or your access to the internet.
You authorize us to send you push notifications to communicate with you. You can opt out of receiving push notifications through your device settings. Note that opting out of receiving push notifications may impact your use of the Services.
BY PROVIDING US WITH A TELEPHONE NUMBER, YOU EXPRESSLY AUTHORIZE ONEPAY AND ITS AFFILIATES, AGENTS, AND INDEPENDENT CONTRACTORS TO DELIVER OR CAUSE TO BE DELIVERED TELEPHONE CALLS OR TEXT MESSAGES, INCLUDING THROUGH THE USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM OR ARTIFICIAL OR PRERECORDED VOICE, INCLUDING CALLS OR TEXTS MADE FOR MARKETING PURPOSES OR THAT CONSTITUTE TELEMARKETING, TO THE TELEPHONE NUMBER YOU PROVIDE US, PROVIDED THAT WE WILL NOT SHARE YOUR PHONE NUMBER WITH THIRD PARTIES FOR THEIR OWN MARKETING PURPOSES. MESSAGE, DATA, AND CALL RATES MAY APPLY. TO OPT OUT AT ANY TIME, REPLY “STOP”. RECEIVING THESE CALLS OR TEXTS IS NOT REQUIRED AS A CONDITION TO MAINTAINING A CUSTOMER RELATIONSHIP WITH ONEPAY.
You are opting into our one-time passcode (OTP) program. We will send you a message from 663687 to confirm your signup. OTPs will contain a one-time verification code. When you opt into our text-to-apply program, we will send you a message from 663277 to confirm your sign up. Text-to-apply messages will include a link to start your application. We may also contact you with service-related information, questions about your use of the Services, or your account information. Text “STOP” to cancel. After you text “STOP” to us, we will send you a text message to confirm you have been unsubscribed. After this, you will no longer receive messages by text from the number you replied to “STOP” to. If you want to receive messages again, text “START” to 663687 and we will start sending messages to you again. If you are experiencing issues, you can reply with the keyword “HELP” for more assistance, or you can get help directly at (855) 830-6200. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages. Messaging frequency varies.
You agree that OnePay may deliver any communication, notice, or disclosure required or permitted under these Terms, any other agreement with OnePay, or applicable law — including legal, regulatory, account-related, and dispute-related notices — through email, push notification, text message, in-app messaging, telephone, postal mail, or by posting to the OnePay Platform, and that such delivery shall constitute effective notice to you. You are responsible for monitoring each such channel.SECURITY
Although we use administrative, technical, and physical security measures designed to protect your account and other personal information, the internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the internet are absolutely secure or that a third party will not be able to access or intercept such information or transactions. You are solely responsible for (i) maintaining the security of your computer(s) or device(s) used for accessing the Services; and (ii) the confidentiality of your account information, including your access credentials. You are solely responsible for any and all activity that occurs under your user account as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. You agree to notify us immediately of any unauthorized use of your user account, or any other breach of security. We suggest that you routinely scan your devices using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.
We are committed to stopping fraud and reserve the right to take all reasonable measures to detect and prevent it. Actual or attempted fraud or other unauthorized use of the Services may result in criminal and/or civil prosecution and immediate termination of your right to use the Services.
To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions using the Services. Use of unique login information may be required to access certain portions of the Services. You acknowledge that your login information is unique, and that it must be kept private and confidential to protect the security of your account. You agree not to give or make available your login information to any unauthorized individual. If you believe your login information has been compromised, lost, or stolen; someone has attempted to use your account; or your account has been accessed by someone other than yourself, you must notify us immediately using the contact information below this section. If you lose or forget your login information, contact us immediately. If you fail to notify us, you may be liable for all unauthorized activity on your account. You can notify us by telephone (toll-free) at: 1-855-830-6200.
The Services may contain links to sites provided by third-party providers, such as social media websites and product partners. Such linked sites are not under the control of OnePay, and OnePay is not responsible for the content of any linked site or any link contained in a linked site. These links are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors.ONEPAY WALLET
General
OnePay Wallet (“Wallet”) is a digital wallet that allows you to store and transact with digital credit and debit cards (collectively referred to as “Cards”). Wallet enables you to pay for purchases using Cards at select merchants, or within select apps or websites. Some products or services may not be eligible for purchase using the Wallet, based on merchant restrictions. These products and services may include but are not limited to: tobacco, alcohol, firearms, optical or photo products and services, or products requiring a service agreement such as wireless, automotive, or financial products. You may not use OnePay Wallet to withdraw cash, make transfers between your accounts, or make peer-to-peer payments. There is no fee for using Wallet. Wallet and certain features of the Wallet may only be available in select regions and with select card issuers, payment networks, merchants, and other third parties. Cards supported by the Wallet may change from time to time.Wallet Authorized Usage
You may only add Cards to the Wallet which are in your name or for which you are an authorized user. If you are adding a corporate Card to the Wallet, you represent and warrant that you are doing so with the authorization of your employer and you are authorized to bind your employer to these Terms as of the date that you add the Card to the Wallet and on each date that you use that Card to make a transaction.Use of Wallet
Cards added to the Wallet are associated with your OnePay profiles across all Services. If you add or remove Cards from the Wallet, the update may be reflected across the Services, including Wallet functionality made available on Walmart.com or in the Walmart app (i.e. “Powered by OnePay” in a Walmart customer profile”).Scope of the Wallet Service
In addition to these Terms, your use of the Cards loaded into the Wallet is governed by the terms of the cardholder agreements you have in place with the relevant issuers of the Cards. For Cards not issued through OnePay, OnePay does not process payments and has no control over, and is not responsible for, any payments, chargebacks, returns, refunds, funds transfers, rewards, value, discounts, access, identity verification, or other activity that may arise out of your use of Wallet. For all Cards, including those issued through OnePay, OnePay is not responsible for orders and order fulfillment that may arise out of your use of the Wallet.
If there is any conflict between these Terms and your cardholder agreement with the relevant issuer of a third-party Card, these Terms will govern your relationship with OnePay, and your cardholder agreement will govern your relationship with the relevant issuer. You agree that OnePay is not a party to any of your agreements with the relevant issuers, nor is OnePay responsible for: (i) the content, accuracy, or availability of any Cards, purchases, transactions, funds transfers, orders, order fulfillment, receipts, or other activities which are the responsibility of the merchant or your Card issuer while using the Wallet, including without limitation those made by other individuals with whom you have shared your Cards or have access to your Wallet credentials; (ii) the issuance of credit or accessing eligibility for credit; (iii) activities of relevant issuers, merchants, app developers, or other third parties related to your use of Wallet; (iv) decisions made by an issuer, merchant, or other third party in connection with adding a Card to Wallet; (v) your membership or participation in any merchant or partner program; or (vi) any accrual or redemption of rewards or stored value in connection with your Cards. For all disputes or questions about your Cards or associated transactions, please contact your relevant issuer or the applicable merchant, app developed, or other third party. For questions regarding the Wallet, please contact OnePay through the chat functionality in the OnePay Platform or contact us by telephone (toll-free) at: 1-855-830-6200.Wallet Security
The Wallet stores virtual representations of your Cards and should be protected as you would protect your physical wallet, debit cards, and credit cards. You are solely responsible for maintaining the security of your Wallet and any devices used to access your Wallet, including any associated passcodes, passwords, biometric credentials, and any other authentication credentials used in connection with the Wallet or other Services.
You agree that you will not authorize or allow anyone else to access your Wallet (e.g., by providing your Wallet or device passcode, or otherwise providing any of your Credentials to another individual). YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR TO ACCESS THE WALLET EXCEPT AS LIMITED BY APPLICABLE LAW.
If you report or OnePay suspects fraudulent or abusive activity, you agree to cooperate with OnePay in any investigation and to use any fraud prevention measures we prescribe.
CREDIT MONITORING
OnePay, and in particular OneProgress Services LLC, may provide you with the opportunity to receive a credit monitoring service (“Credit Monitoring Services”). The Credit Monitoring Service is supported by data and services from TransUnion®, includes your VantageScore® 4.0 (or future similar score provided by TransUnion®) and is provided by OneProgress Services LLC. As part of our credit monitoring service, you agree that we may provide you with updates regarding changes to your consumer report and important notifications related to your credit profile, which we may do via the OnePay Platform, push notifications, emails or text messages.
The Credit Monitoring Services is intended to furnish you with information that you may not otherwise have readily available to you. You understand that you are authorizing us to obtain such information at any time and use per your “written instruction” in your Consumer Report Authorization and as described in these Terms for as long as the Credit Monitoring Service is provided to you. All features of the Credit Monitoring Service may not be available to you if you have limited or no credit bureau data or if we cannot verify your identity. We may cancel your participation if you do not login for 6 consecutive months and we reserve the right to modify or eliminate the Credit Monitoring Service at any time.
While you may receive credit information from OnePay, you should know that by law, you also have the right to free credit reports from AnnualCreditReport.com or by calling 877-322-8228. By law, you may obtain one free credit report from each of the three national consumer reporting agencies (Experian Information Solutions, Inc., Equifax Inc., and TransUnion) during any twelve-month period. For more information, go to www.consumerfinance.gov/learnmore.
The Credit Monitoring Service is provided for educational and informational purposes only. We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services. There are various types of credit scores, and lenders use a variety of different types of credit scores to make lending decisions. The credit score you may receive is based on the VantageScore 4.0 model (or future similar score provided by TransUnion®) and may not be the credit score model used by your lender. VantageScore is a registered trademark of VantageScore, LLC.AI-POWERED FEATURES
Access
OnePay may offer features and functionality that use artificial intelligence, machine learning, or similar technologies (each, an "AI-Powered Feature" and collectively, the "AI-Powered Features"). AI-Powered Features may be offered under the brands "OnePay Money Companion," "OPMC," or such other names as OnePay may select from time to time. AI-Powered Features may include, without limitation conversational and chatbot interfaces that respond to your questions and instructions, preemptively provide content to you relating to the Services and suggest and assist in performing certain actions within the OnePay Platform, such as pre-filling order entry forms, transfer instructions, or other transactional inputs for your review and confirmation. References in these Terms to "OPMC" or "OnePay Money Companion" include any such AI-Powered Feature offered under that brand.Input, Output, and AI Content.
Use of an AI-Powered Feature may involve the provision of Inputs by you and Outputs by the AI-Powered Feature you are using. "Input" means any prompts, questions, instructions, files, data, or other materials you submit to, or make available to, an AI-Powered Feature. "Output" means any response, text, suggestion, insight, summary, image, draft instruction, pre-filled form, or other content generated by an AI-Powered Feature. "Input" and "Output" are referred to collectively as "AI Content."
Outputs may be inaccurate, incomplete, outdated, inconsistent with previously provided Outputs, misleading, or "hallucinated" (i.e., fabricated facts, citations, calculations, or analyses that may appear plausible but are false). Outputs are generated automatically and are typically not reviewed by a human before they are provided to you. Subject to applicable law, you acknowledge these risks and agree that you are solely responsible for evaluating, verifying, and confirming any Output, including any pre-filled form, draft instruction, recommendation, or proposed action, before relying on or confirming it or authorizing any action based on it. References in any Output to third-party products or services, whether explicit or implicit, are not endorsements, recommendations, or solicitations by OnePay.
OUTPUTS THAT PROVIDE INFORMATION, EXPLANATIONS, ANALYSIS, RECOMMENDATIONS, OR OTHER RESPONSES TO YOUR INPUTS ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. OUTPUTS THAT PRE-FILL FORMS, DRAFT INSTRUCTIONS, OR OTHERWISE ASSIST IN COMPLETING AN ACTION IN CONNECTION WITH YOUR SERVICES ARE PROVIDED FOR CONVENIENCE BASED ON YOUR INPUTS OR OTHER ENGAGEMENT WITH THE SERVICES. THEY ARE NOT RECOMMENDATIONS. OUTPUTS DO NOT CONSTITUTE, AND SHOULD NOT BE RELIED ON AS, INVESTMENT, LEGAL, TAX, ACCOUNTING, CREDIT REPAIR, DEBT RELIEF, FIDUCIARY, OR OTHER LICENSED OR PROFESSIONAL ADVICE, OR A RECOMMENDATION, SOLICITATION, ENDORSEMENT, OR OFFER TO BUY OR SELL ANY SECURITY OR TO PURSUE ANY INVESTMENT STRATEGY. NEITHER ONEPAY NOR ANY OF ITS AFFILIATES IS YOUR FINANCIAL ADVISOR, INVESTMENT ADVISOR, BROKER-DEALER, LAWYER, TAX ADVISOR, ACCOUNTANT, CREDIT-REPAIR ORGANIZATION, DEBT-RELIEF OR DEBT-REPAIR SERVICE, OR CREDIT-COUNSELING SERVICE BY VIRTUE OF YOUR USE OF AN AI-POWERED FEATURE, AND NO ADVISOR-CLIENT, ATTORNEY-CLIENT, FIDUCIARY, OR OTHER PROFESSIONAL RELATIONSHIP IS CREATED. YOU SHOULD CONSULT WITH AN APPROPRIATELY LICENSED PROFESSIONAL BEFORE ACTING ON ANY OUTPUT.
AI-Powered Features are designed to operate in the English language. Outputs provided in any other language should not be relied upon.Agentic Functionality
In addition to providing informational and conversational Outputs, an AI-Powered Feature may act on your behalf or prepare actions (e.g. fill forms, draft instructions, or otherwise assist in completing an action in connection you’re your Services) for your review and confirmation. You authorize AI-Powered Features to access and use the data described in the section titled "Use of Account and Transaction Data by AI-Powered Features" below, and (subject to any per-action confirmation, step-up authentication, or additional acknowledgment OnePay may require) to take the actions you direct through an AI-Powered Feature. The execution of any transaction proposed or prepared by an AI-Powered Feature shall require your express consent before such transaction is executed, unless OnePay expressly designates a particular AI-Powered Feature or category of action as exempt from this requirement. For the avoidance of doubt, your use of any AI-Powered Feature is governed by these Terms and any additional consent required by OnePay in connection with any specific AI-Powered Feature is supplementary to, not in replacement of, these Terms.Servicing
Conversational and chat-based AI-Powered Features are not customer-service channels and are not a substitute for OnePay's regular servicing channels. OnePay does not accept or process formal account instructions (including transfer cancellations), complaints, legal notices, error notices under Regulation E or other consumer-protection law, billing error notices, dispute notices, or other notices required by law through an AI-Powered Feature, except to the extent OnePay expressly designates a particular AI-Powered Feature as authorized to receive such notices. Communications you submit through an AI-Powered Feature do not constitute notice to OnePay for purposes of any law, regulation, or agreement that requires notice in a particular form, unless OnePay expressly states otherwise. OnePay will implement reasonable measures in any conversational or chat-based AI-Powered Feature to direct you to OnePay’s designated servicing channels when you raise a dispute, billing error, unauthorized-transaction claim, or other notice for which a particular form of delivery is required by law.Your AI Content; Representations
You are responsible for your AI Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that (a) you have all rights, licenses, and permissions necessary to submit Input; (b) your Input does not infringe upon the rights of any third party; (c) you Input complies with applicable law and these Terms; and (d) your Input does not include any third party's personally identifiable information, payment-card data, protected health information, government-issued identifiers (such as Social Security numbers, passport numbers, or driver's license numbers), data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health information, data concerning sex life or sexual orientation, confidential or proprietary information, or any content you lack permission to share. OnePay may monitor, review, and analyze AI Content and related usage for quality, safety, abuse prevention, security, training, evaluation, and improvement of AI-Powered Features and other OnePay products and services, and for any other purpose permitted by these Terms, our Privacy Policy, and applicable law.Ownership of AI Content; License to OnePay
As between you and OnePay, you retain your ownership rights, if any, in Input you provide. OnePay and its licensors retain all right, title, and interest in and to the Outputs, including any intellectual property rights therein, subject only to the license granted to you herein. OnePay’s ownership of Outputs under these Terms do not extend to any Input. OnePay grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use Outputs generated for you for your personal, subject to these Terms; provided that you will not use Outputs to develop, train, improve, evaluate, or benchmark any product or service that competes with OnePay or with any AI-Powered Feature. You grant OnePay and its affiliates and service providers a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to host, store, reproduce, modify, create derivative works from, use, distribute, and otherwise exploit your AI Content in accordance with these Terms and our Privacy Policy, including, without limitation, to operate, secure, evaluate, improve, train, and develop AI-Powered Features and other OnePay Services. Outputs you receive may be similar or identical to Outputs received by other users. To the extent you share Output, as permitted by these Terms, you agree to clearly disclose to the recipient that the content is AI-generated or AI-assisted, and to comply with all laws and platform policies governing the disclosure or labeling of AI-generated content.Removal and Refusal of AI Content
OnePay has no obligation to monitor any AI Content but reserves the right, in its sole discretion, to review, refuse to generate, remove, redact, filter, or restrict access to any AI Content (including any Output) at any time, for any reason or no reason, without notice. OnePay may also limit, suspend, or terminate your access to one or more AI-Powered Features if OnePay identifies misuse, suspected misuse, security risk, or any other activity that may compromise the integrity or operation of any AI-Powered Feature.
You acknowledge and agree that AI Content may persist in historical, archived, cached, or backup copies and versions, including after you delete the underlying AI Content, terminate a particular AI-Powered Feature, or terminate your relationship with OnePay. Persistence is subject to our Privacy Policy and applicable law, including any retention obligations imposed on OnePay.Usage Limits
OnePay may, in its sole discretion, impose limits on the volume, frequency, or scope of your use of any AI-Powered Feature, including, without limitation, limits on the number of Inputs you may submit, the number or length of Outputs you may receive, the data sources accessible to a particular AI-Powered Feature, or the categories of actions that an AI-Powered Feature may take on your behalf. Such limits may be modified or removed at any time without notice.Use of Account and Transaction Data by AI-Powered Features
In accordance with our Privacy Policy, and in addition to the rights granted under the section titled "Transaction Data," AI-Powered Features may access, analyze, and use information OnePay maintains about you, including, without limitation, your profile, transaction history, balances, holdings, account preferences, communications history, eligibility information, and third-party account information, and other data received in accordance with our Privacy Policy, to provide you with and improve AI-Powered Features. Outputs that rely on third-party account information may be limited, incomplete, delayed, or otherwise affected by the accuracy, completeness, and timeliness of such information, and OnePay is not responsible for such information or for any Output to the extent affected by it.AI Providers
AI-Powered Features may be enabled, in whole or in part, by one or more independent service providers, whose systems process Input and generate Output on OnePay's behalf (each, an "AI Provider"). AI Providers are independent of OnePay, and their technology, availability, policies, practices, performance, and operations are outside of OnePay's direct control. OnePay may add, change, or substitute AI Providers at any time without notice. The characteristics, capabilities, behavior, and Outputs of AI-Powered Features may change as AI Providers and underlying models change.Intellectual Property
OnePay and its licensors retain all right, title, and interest in and to AI-Powered Features and all associated intellectual property, including the underlying models, software, and data structures. You are granted no ownership rights in any AI-Powered Feature. Your use of any AI-Powered Feature is strictly confined to the license granted in these Terms.
THIRD-PARTY AI TOOLS
Access
OnePay may make available a programmatic interface (including, without limitation, a Model Context Protocol or (i.e. a “MCP” server) or similar technology) that enables third-party artificial intelligence tools, agents, platforms, or applications (each, a “Third-Party AI Tool”) to access certain Services and data developed in connection with your use of those Services on your behalf (“Third-Party AI Access”). Third-Party AI Tools may include, without limitation, AI assistants such as Claude (Anthropic), ChatGPT (OpenAI), or other AI-powered platforms.
Before provisioning Third-Party AI Access to any Third-Party AI Tool, you must expressly authorize such access through the OnePay Platform or another authentication mechanism designated by OnePay. You may be able to revoke authorization by navigating to the appropriate settings page or section of the Third-Party AI Tool. You may also revoke this authorization by contacting OnePay.Scope of Third-Party AI Access.
The scope of data and functionality available through Third-Party AI Access is determined by OnePay in its sole discretion and may be modified at any time without notice. Third-Party AI Access may initially be limited to read-only access to certain account information such as account balances, transaction history, and account profile data. To the extent that “write” functionality is made available, your use of such capabilities is authorized by and subject to these Terms and any other per-action confirmation, authorization, and step-up authentication requirements OnePay may impose as described below. OnePay may, in its sole discretion, expand the scope of Third-Party AI Access to include transactional capabilities, such as the ability to initiate transfers, payments, or other account actions
All prohibited uses set forth in Section 2 of these Terms apply to activities conducted through Third-Party AI Tools with Third-Party AI Access.User Responsibility.
You are solely responsible for (a) deciding which Third-Party AI Tools to authorize Third-Party AI Access to, (b) the instructions, prompts, or commands you provide to any Third-Party AI Tool in connection with Third-Party AI Access, (c) reviewing, verifying, and approving any actions that a Third-Party AI Tool takes or proposes to take on your behalf, and (d) any consequences arising from the use of Third-Party AI Access, including any transactions initiated, data accessed, or actions taken by a Third-Party AI Tool. OnePay is not responsible and expressly disclaims any liability for, any loss or damage resulting from actions taken by or a through Third-Party AI Tool that you have granted Third-Party AI Access to, whether or not such actions were authorized by you. The foregoing disclaimer does not apply, and OnePay does not disclaim responsibility to the extent liability cannot lawfully be disclaimed under applicable law, including the Electronic Fund Transfer Act. You acknowledge and agree that any instruction, authorization, transaction, or other action taken or transmitted by a Third-Party AI Tool that you have authorized through Third-Party AI Access is deemed an instruction, authorization, transaction, or action of you and is treated by OnePay as if it had been initiated and authorized by you directly. Nothing in these Terms is intended to, or shall be deemed to, waive, modify, or limit any consumer-protection right you have under the Electronic Fund Transfer Act, Regulation E, the Truth in Lending Act, Regulation Z, or any other applicable law that may not lawfully be waived.
You acknowledge that a Third-Party AI Tool may, despite your authorization, generate or transmit instructions that are erroneous, incomplete, or otherwise inconsistent with your intent. As between you and OnePay, you bear the risk and consequences of any such action, except to the extent the loss is caused by OnePay’s gross negligence or willful misconduct. You further acknowledge that erroneous instructions may result from hallucinations, model errors, outdated data, misinterpretation of your prompts, or other factors inherent in automated systems, and may include instructions that are mistimed or duplicative. To avoid doubt, OnePay’s limitation in the prior sentence does not apply, and OnePay does not disclaim responsibility, to the extent applicable law allocates the loss to OnePay or otherwise prohibits such disclaimer.
By authorizing Third-Party AI Access to a Third-Party AI Tool, you expressly direct OnePay to act on instructions submitted to OnePay by that Third-Party AI Tool. Notwithstanding any other provision of these Terms, the execution of any transaction in connection with any Services, such as, purchases, securities transaction, cryptocurrency transaction, account-closure or similar money-movement or security-sensitive account action initiated by a Third-Party AI Tool on your behalf shall be subject to the authorizations and limitations set through the OnePay Platform or through another mechanism designated by OnePay, before such action is executed, unless OnePay expressly designates a particular Third-Party AI Tool as exempt from this requirement. OnePay reserves the right, in its sole discretion, to require additional authorization, consent, acknowledgment, identity verification, or step-up authentication before enabling or executing any particular transactional capability.
Third-Party AI Tools are developed, operated, and maintained by independent third parties. OnePay does not control, endorse, or assume responsibility for any Third-Party AI Tool, including its accuracy, reliability, security practices, privacy policies, data handling, or compliance with applicable law. Your use of any Third-Party AI Tool is governed by the terms, conditions, and privacy policies of the applicable Third-Party AI Tool provider. OnePay is not a party to any agreement between you and a Third-Party AI Tool provider.
You are responsible for maintaining the security of any Third-Party AI Tool through which you access the Services, including any credentials, tokens, or API keys used in connection with Third-Party AI Access. You agree to notify OnePay immediately if you believe that your Third-Party AI Access credentials have been compromised or that unauthorized access has occurred. OnePay reserves the right to suspend or terminate Third-Party AI Access at any time if OnePay suspects unauthorized access, fraud, abuse, or any activity that may compromise the security of the Services.Data Sharing.
When you authorize Third-Party AI Access, you acknowledge and agree that any analysis, insights, recommendations, summaries, or other content generated by a Third-Party AI Tool based on your OnePay data (“Third-Party AI Output”) is the product of the Third-Party AI Tool and not of OnePay. Third-Party AI Output may be inaccurate, incomplete, outdated, or misleading. OnePay does not review, verify, or endorse any Third-Party AI Output. You are solely responsible for evaluating and verifying any Third-Party AI Output before relying on it. When you authorize Third-Party AI Access to a Third-Party AI Tool you are also authorizing OnePay to share certain account information, transaction data, and other data with, and to permit such data to be processed by, the applicable Third-Party AI Tool and its provider. OnePay is not responsible for how a Third-Party AI Tool provider uses, stores, retains, or protects your data after it has been transmitted. You should review the privacy policy and terms of service of any Third-Party AI Tool before authorizing Third-Party AI Access to a Third-Party AI Tool.Availability; Modification; Discontinuation.
Third-Party AI Access is provided at OnePay’s sole discretion. OnePay may modify, suspend, or discontinue Third-Party AI Access, in whole or in part, at any time without prior notice.
WARRANTIES / LIMITATIONS OF LIABILITY / INDEMNIFICATION
Disclaimer of Warranties
THE SERVICES, INCLUDING, BUT NOT LIMITED TO THE ONEPAY PLATFORM, ALL AI-POWERED FEATURES, CONTENT, BETA SERVICES, AND ALL OTHER MATERIALS, FEATURES, AND FUNCTIONALITY MADE AVAILABLE BY OR THROUGH ONEPAY ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ONEPAY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICESWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY OUTPUT, DATA, OR RESULT WILL BE ACCURATE OR RELIABLE.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ONEPAY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY ARISE IN CONNECTION WITH (a) THE SERVICES; (b) YOUR USE OR INABILITY TO USE THE SERVICES; (c) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALWARE, LINE OR SYSTEM FAILURE, OR LOSS OR CORRUPTION OF DATA; (d) ANY DISCLOSURE OF INFORMATION WHEN COMMUNIICATING WITH YOU; OR (e) ANY ACT, OMISSION, INTERRUPTION, ERROR, OR DEFECT OF ANY AI PROVIDER, THIRD-PARTY AI TOOL, OR OTHER THIRD-PARTY SERVICE PROVIDER, EVEN IF ONEPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. IN ALL CASES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONEPAY’S TOTAL AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE ONEPAY PLATFORM, REGARDLESS OF THE FORM OF ACTION OR THE THEORY OF LIABILITY, SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE FOREGOING LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by lawReleases
In furtherance and not in limitation of the foregoing, ONEPAY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR: (a) any virus, malware, or harmful component that may infect or damage your computer equipment or other property as a result of your access to, use of, or browsing of the Services, the OnePay Platform, the internet, or your downloading of any materials from the Services or the internet; (b) any Transaction Data or Third-Party Account Information, including any error, omission, modification, delay, loss, deletion, unauthorized access to, or interception of such information, or any damage incurred as a result of your or our reliance on such information; (c) any act or omission of any AI Provider, Third-Party AI Tool, or other third-party service provider, and any interruption, error, or defect attributable to any of them; and (d) any content, products, or services provided by any third party, including any linked site or merchant.Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Services in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
INTELLECTUAL PROPERTY / COPYRIGHT INFRINGEMENT
General
The intellectual property in and to the Services, including but not limited to all music, images, screens, icons, text, software, logos, expressions, and code are owned by us and/or licensed from third parties. Except as otherwise provided in these Terms, none of these materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without our prior written permission or that of the owners of such materials. Unauthorized use may violate copyright laws, patent laws, trademark laws, the laws of privacy and publicity, and/or various communication regulations and statutes.Copyright Infringement
If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the Notification must include substantially the following:
i. your physical or electronic signature;
ii. identification of the copyrighted work you believe to have been infringed, or if multiple copyrighted works, a representative list of such works;
iii. identification of the material on the Services that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
iv. your contact information including your name, mailing address, telephone number and, if available, email address;
v. a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
vi. a statement that the information in the notice is accurate; and
vii. a statement that the information in the Notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), the Designated Agent for Claimed Infringement shall be contacted by any of the means listed below. If you do not comply with the above requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Services infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
If we remove or disable access to material that you posted and you believe the removal was a mistake or misidentification, you may send us a written counter-notification that includes:
i. your physical or electronic signature;
ii. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before removal;
iii. a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and
iv. your name, address, telephone number, and
v. a statement that you consent to the jurisdiction of the federal district court for your address (or any district in which we may be found) and will accept service of process from the person who sent the original notification.
We will forward any valid counter-notification to the complaining party and, unless that party files an action in court and notifies us within ten (10) business days, we will restore the material within 10–14 business days of receiving the counter-notification.
OnePay had adopted a reasonable infringer policy that, in appropriate circumstances may result in the suspension or termination of certain Services or the features of certain Services, as determined by OnePay in its sole discretion.
Designated Agent
OnePay, Attn: Copyright Agent
53 Beach Street, New York, NY, 10013
Tel: 855-830-6200 Email: support@onepay.com
ARBITRATION PROVISION AND CLASS ACTION WAIVER
This Arbitration Provision does not apply to any credit card or other product that constitutes “consumer credit” under the Military Lending Act (or its implementing regulations) that you may obtain from or through us if you are a Covered Borrower under the Military Lending Act at the time you obtain such product.
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.JURY TRIAL WAIVER
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 (INCLUDING ANY TRANSACTION PARTY) 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 TRANSACTION PARTY. 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 PRECEDING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.ACCESSIBILITY
OnePay is committed to providing accessible banking services to the public. If you seek a reasonable accommodation, encounter a question with a feature or function, or have other accessibility-related feedback, please contact us toll-free at 1-855-830-6200 and request to speak with our Accessibility Coordinator. We make no guarantees of being able to make changes beyond those required by law. Our products may contain experiences or links hosted by third party providers. We do not make any representations with regard to the accessibility of such experiences and are not able to remediate accessibility barriers presented by such experiences.CHOICE OF LAW/SUCCESSORS
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.WAIVER / SEVERABILITY
If any terms in these Terms (excluding the Arbitration Provision) change due to applicable law or is declared invalid by order of a court, the remaining terms of these Terms will not be affected, and these Terms (excluding the Arbitration Provision) will be interpreted as if the invalid terms had not been placed in these Terms. The headings in these Terms are intended only to help organize these Terms. These Terms (together with any policies, agreements, or notices expressly incorporated by reference herein, including the OnePay Privacy Notice and Policy and any product-specific agreements between you and OnePay) constitute the entire agreement between you and OnePay with respect to your access to and use of the Services and the OnePay Platform, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and OnePay regarding such subject matter. No statement, representation, or promise made by OnePay or any third party that is not contained in these Terms or in such incorporated documents shall be of any force or effect.
No failure, omission, or delay on our part to exercise any right under these Terms will preclude any other further exercise of that right or other right under these Terms.FORCE MAJEURE
OnePay shall not be liable, and shall not be deemed in breach of these Terms, for any delay in, failure of, or interruption to the performance of any of its obligations under these Terms or the operation, availability, or functionality of the Services that arises out of or results from any cause beyond OnePay’s reasonable control, including, without limitation, acts of God, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil disorder, government action or regulation, action by a court or regulator, sanctions, embargo, labor disturbance, third-party data-center, telecommunications, internet, banking, payment-rail, card-network, or cloud-services outage, the act or omission of any Third-Party AI Tool, service provider, or any other event of force majeure (each, a “Force Majeure Event”). OnePay will use commercially reasonable efforts to resume performance as promptly as practicable following the cessation of any Force Majeure Event. This Section does not relieve you of any obligation to pay amounts you may owe to OnePay.SURVIVAL
Any provision of these Terms that by its nature should survive any termination, expiration, suspension, or cancellation of these Terms, of your use of the Services, or of any product or account governed by these Terms will survive — including, without limitation, provisions relating to your representations (including OFAC and sanctions), prohibited uses, our rights to disclose information, Transaction Data, security, AI Content licenses (including the persistence of Inputs and Outputs), Third-Party AI Access, warranties, limitations of liability, releases, indemnification, intellectual property, the Arbitration Provision and Class Action Waiver (including your right to opt out within the time period set forth in that provision), the jury trial waiver, choice of law, waiver and severability (including the integration clause), force majeure (for events occurring on or before termination), and this Survival section. Termination does not affect any rights or obligations that arose before termination. The Arbitration Provision and Class Action Waiver applies to any Dispute relating to or arising out of these Terms, your use of the Services, or your relationship with OnePay, regardless of when the Dispute arose.ASSIGNMENT
You may not assign your rights or delegate your duties under these Terms.CHANGES TO THESE TERMS
You agree that we may from time to time amend all or any part of these Terms, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through the Services and changing the features and functionality to the Services. We will notify you electronically of any change to these Terms as required by applicable law. Any such changes shall take effect as soon as they are posted on the Services (or, if we provide advance notice of the change, on the date specified in any such notice). Your use of the Services after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms periodically for any changes. Notwithstanding any provision of these Terms or of any other agreement governing the Services or with a Transaction Party to the contrary, we will not amend the Arbitration Provision in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision in its entirety.CONTACT US
If you have any questions about these Terms, please contact us by Telephone (toll-free) at: 1-855-830-6200.TERMS APPLICABLE TO SPECIFIC SERVICES
Installment Loan: State-Specific Disclosures
For California Customers:
A married applicant may apply for a separate account.
For Ohio Customers:
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.