Compliance

Liability: 

Authorized Transfers: All Electronic Fund Transfers you authorize, whether directly or indirectly, are your liability. 

Unauthorized Transfers: In the event you believe your Papaya Card has been stolen or used in an unauthorized manner, you believe your access to the Papaya app has been compromised, or you believe that an unauthorized electronic fund transfer has taken place you are required to inform Papaya (by email at help@ppaya.com or by calling (909)575-1329)  immediately to prevent possible loss. If you inform Papaya within two (2) business days after learning of the loss or theft of your card, your liability will not exceed $50. If you do not inform Papaya within two (2) business days after learning of the loss or theft of your card, you could be liable up to $500. If your statement shows unauthorized electronic fund transfers, contact Papaya immediately. You have 60 days after the statement was provided to communicate unauthorized electronic fund transfers to avoid liability for subsequent transfers. If you do not contact Papaya within 60 days of identifying unauthorized electronic fund transfers, and we establish you the transfers would not have occurred had Papaya been notified, Papaya is not liable to reimburse you for these EFTs. Extenuating circumstances will be considered for a delay in communication between you and Papaya. 

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In the event your Papaya card has been lost or stolen, or you believe your access to the Papaya App has been compromised, please contact us by email at help@ppaya.com or by calling (909) 575-1329. 

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Errors or Questions related to Electronic Fund Transfers:

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Your Responsibility: In the event you believe a statement is incorrect or you would like additional information related to an EFT listed on the provided statement or receipt, please contact Papaya by email at help@ppaya.com or by calling (909)575-1329. You have 60 days after the statement was first provided to communicate any errors on that statement. Your communication must include your name, account number, and indicate why you believe an error exists. You have the option to communicate to us by telephone or in writing (electronic form is acceptable). In the event you report the error by telephone, you may be requested to document the error in writing within ten (10) business days. 

Papaya’s Responsibility: We will determine whether an error occurred within ten (10) business days of receiving notice of error and will report the results to you and rectify any error promptly. In some circumstances, Papaya may take forty-five (45) or ninety (90) days to complete its investigation. In those cases, we will temporarily credit your account within ten (10) business for the amount you think is in error while we fully investigate your claim. If we request you provide written confirmation within ten (10) business days and we do not receive it, we may not provide you temporary credit while we investigate.  We will provide you results within three (3) business days after completing the investigation. If Papaya determined there was no error after completing its investigation, the results will include a written explanation (by email). At the time at which the investigation is complete temporary credit will be either 1) communicated as final in the case Papaya determined an error was made OR 2) debited from your account if Papaya determined no error was made. You have the right to request copies of the documents used in the investigation. 

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Payment Instructions

In order to submit bill payment instructions, you must complete the following steps:

1. Take and upload a photo of a paper bill, import an image of a paperless bill that includes the payee and amount due, or otherwise provide the required information for the payee.
2. Input the amount to pay and indicate the payment method to be used.
3. Provide all other required information.

You authorize us, upon receipt of payment instructions from you, to cause the applicable payment method to be debited or charged for the applicable amount and the payment to be sent to the payee in accordance with the payment instructions. Papaya has the right, in its sole discretion and for any or no reason, to reject any payment instructions. In the event of a failed payment, a notification will be sent to the email address you provide when all steps have been exhausted by Papaya to attempt paying the bill. Pay statuses are also updated and available within the Papaya app.

You must promptly notify us upon learning of or suspecting any errors or inaccuracies in any payment instructions and cooperate with us to correct any payments made that are misdirected, unauthorized, erroneous, or duplicative. You acknowledge and agree that Papaya does not guarantee or have control over or liability for: (1) the products, services, or other consideration that you receive from your payees; (2) any inaccurate or incomplete payment instructions received from you; (3) payment of any payment instruction received from you being made within the timeframe agreed to between you and your payee; (4) insufficient funds in or the expiration or closure of the payment method indicated in your payment instructions; (5) any refusal by your payee to accept a payment; or (6) any error, failure, or malfunction of your computer or other equipment used for the Service or any security breach, compromise, intrusion, or misuse of your computer or other equipment used for the Service.

You may make a stop payment request of a preauthorized electronic fund transfer from your account by notifying the company orally or in writing at least three business days before the scheduled date of the payment/transfer. For faster service, you may contact us at help@ppaya.com or write to the address listed below. We will use reasonable efforts to honor stop payment requests but will have no liability if any stop payment request is not affected.

                                     8605 Santa Monica Blvd. #52843

                                          West Hollywood, CA 90069

Fees

Certain fees may be charged in order to process certain payment instructions. We will disclose all applicable fees for your approval prior to processing any payment instruction. Fees related to Papaya Premium Subscription are located below in the Papaya Premium Subscription - Additional Terms portion of the Terms.

1. Bill pay - In order to cover its cost of processing bill payments, Papaya will at times assess fees associated with a credit card payment method. When a User elects to use a credit card, Papaya will assess a 1% service fee. Debit and ACH payment methods have no fees assessed.
2. Papaya Premium - To access Papaya’s credit building subscription program, you must have a Papaya Premium (“Subscription”). If you elect to purchase a Subscription, you will be presented with an option to purchase a Subscription at the then current subscription fee. The enrollment page will disclose the Subscription benefits and related fee, which you will agree to. By purchasing the Subscription you are authorizing Papaya (or its third-party payment processor) to charge you on whatever frequency you elect during enrollment, automatically, until you cancel. BY AGREEING WITH THESE TERMS AND PURCHASING PAPAYA PREMIUM SUBSCRIPTION YOU ARE ACCEPTING THE RECURRENT PAYMENT OBLIGATIONS SET FORTH WITHIN THE ELECTED SUBSCRIPTION AND THESE TERMS.
3. Papaya Card - There are no fees associated with the Papaya Card. Papaya reserves the right to add or adjust fees and Terms associated with the Papaya Card at any time for any reason. 

Termination

You: You may stop using Papaya at any time. You may terminate the Terms applicable to your Papaya Service, including Papaya Premium and Papaya Card by canceling in App, or by contacting help@ppaya.com or by calling (909)575-1329). Any termination of these Terms does not relieve you of your obligation to pay balance accrued prior to termination, Chargebacks, and any other amounts owed to us as provided in these Terms. 

Papaya: We may terminate or suspend the Service or your use of the Service or your Account immediately at any time for any reason, including, without limitation, if: (1) you breach these Terms; (2) you breach the Terms or Cardholder agreement (as/if applicable) (3) we are required to do so by law; or (4) we elect to discontinue the Service. Additionally, we may terminate or suspend the Service or your use of the Service or your Account at any time without cause. You may terminate your use of the Service and your Account at any time. 

Notices

We may provide notices to you by: (a) emailing them to your Account’s email address or (b) mailing them via courier or regular mail to your Account’s street address. You may provide notices to us via email at help@ppaya.com. Notices sent by email will be deemed received upon receipt unless a party receives notice that the email was not delivered. Notices sent by courier will be deemed received upon actual receipt. Notices sent by regular mail will be deemed received three (3) business days after deposit in the mail with first-class postage prepaid.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, PAPAYA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICE. PAPAYA DOES NOT MAKE ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

Limitation of Liability

PAPAYA SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OR INTERRUPTION OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION PROVIDED IN CONNECTION WITH THE USE OF THE SERVICE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. PAPAYA’S AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS AND THE SERVICE, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), SHALL NOT EXCEED UNDER ANY CIRCUMSTANCES THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US UNDER THESE TERMS DURING THE PRIOR TWELVE (12) MONTHS.

Governing Law

Any dispute, claim, or cause of action arising from the Service or these Terms (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.

Dispute Resolution; Class Action Waiver

YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS, EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF ACCESSING OR USING THE SERVICE.

If you have a Complaint/Dispute, you must first notify us at help@ppaya.com and attempt to resolve it with us informally. You may also write to the address below. Note that email is the optimum method of communication.

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8605 Santa Monica Blvd. #52843

West Hollywood, CA 90069

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Note that Customer Service is available M-F from 7:00 AM - 5:00 PM PST.

If Papaya is unable to resolve any Complaint/Dispute you bring to its attention within sixty (60) days of receipt of your notice or we raise any Complaint/Dispute, you and we agree that, except where prohibited by law, all Complaints/Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.

You and we agree to the following with respect to the arbitration of any Complaint/Dispute: (1) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (4) you will pay any filing fee or other costs of arbitration only as required under the AAA Rules or as otherwise specified by the arbitrator; (5) Papaya reserves the right, in its sole discretion, to assume responsibility for any or all of the costs of the arbitration; (6) the arbitrator will honor claims of privilege and privacy recognized at law; (7) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (8) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (9) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded by the arbitrator will be determined in accordance with the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

This Section will survive the termination of the Service or these Terms. With the exception of the provisions prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

Entire Agreement

These Terms, including Papaya’s privacy policy, constitute the entire agreement and understanding between you and us relating to the Service and cancel and supersede any prior or contemporaneous agreements and other communications between you and us, whether written or oral, to the extent they relate in any way to the Service. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in effect.

Amendments

Papaya reserves the right to make modifications to these Terms of Service at any time and for any reason. In the event that a change to its  Terms of Service will result in an increase of fees, an increase of liability to its users, fewer types of electronic funds transfers or stricter limitations on the frequency or dollar amount of transfers, you will be notified via email 30 days before the effective date.

No Waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it.

Force Majeure

We will not be responsible for any failure or delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, epidemic, pandemic, disease outbreak (including the COVID-19 virus), acts of government, governmental requirements and regulations, restrictions imposed by law, or any other similar conditions beyond Papaya’s reasonable control.

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