Subscriber Terms and Conditions

Last Update: March 14, 2022

Subscriber Terms and Conditions

Legal Agreement

DO NOT ACCEPT THESE SUBSCRIBER TERMS AND CONDITIONS, WHICH CONSTITUTE A LEGALLY BINDING CONTRACT, BEFORE YOU READ THE ENTIRE DOCUMENT.

Services

Paidly LLC ("MeetPaidly") provides administrative services ("Services") through our website at meetpaidly.com ("Website") including facilitating and processing payment contributions ("Benefits") by employers ("Sponsors") that offer such Benefits to its employees.

Employees choosing to enroll in Benefits offered by a Sponsor may access and use MeetPaidly's information and Services. To access MeetPaidly information and Services, the individual employee must become a subscriber ("Subscriber") by creating a MeetPaidly Subscriber Account ("Subscriber Account") and providing the minimum required information including an active email address for communications with MeetPaidly and, if applicable, the most recent statement for the loan to which MeetPaidly will apply your Sponsor's payments.

MeetPaidly's Sponsors may offer payment contribution benefits ("Benefits Plan") to its employees at its sole discretion. Subscribers can only receive contributions if they are sponsored by a Sponsor through a Benefits Plan.

MEETPAIDLY HAS NO RESPONSIBILITY OR LIABILITY TO SUBSCRIBERS FOR ANY BENEFITS PLAN PROVIDED BY SPONSORS. SPONSORS MAY MODIFY OR CEASE OFFERING PROGRAMS IN EACH SPONSOR'S SOLE DISCRETION.

Benefits Program Eligibility & Enrollment

By enrolling in a Benefits Plan offered by your Sponsor, you represent and warrant to MeetPaidly that:

• You are an active Subscriber, approved and eligible to participate in your Sponsor's Benefits Plan;
• You are an individual person at least 18 years of age and able to form legally binding contracts under applicable law;
• All information provided by you to MeetPaidly is correct and current, and you will update such information with MeetPaidly as soon as it changes;
• You will comply with applicable laws and regulations;
• You will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operation of MeetPaidly; and
• You will use the Services in compliance with these Subscriber Terms and Conditions

You may only use the Services for yourself or, if applicable, anyone permitted by your Sponsor's Benefits Plan.

MeetPaidly reserves the right to impose additional eligibility requirements in the future and/or to refuse to provide our Services to anyone.

Payee Information

Subscribers are responsible for ensuring the accuracy of the information provided to MeetPaidly via the Website about each designated recipient of the Sponsor contribution payments ("Payee"). Specific information you must provide includes Payee name, payment address, account number, and any other applicable payment information necessary to enable MeetPaidly to perform its Services.

Changes to Payee information must be provided at least thirty (30) days in advance in order to take effect for any subsequent payments. MeetPaidly is not responsible for fees, penalties, or other charges associated with rejected or delayed processing of payments arising from changes to Payee's information. To designate a Payee, you may be asked to provide your online credentials for the Payee.

Change in Eligibility for Payments

In the event of a change in your Benefits Plan eligibility, as determined by your Sponsor (e.g., Subscriber's employment is terminated, or transferred to a role not eligible for the Benefits Plan), Services will cancel automatically on the date identified by your Sponsor.

If your Benefits Plan eligibility changes, regardless of reason, your MeetPaidly Subscriber Account will remain active and available to you for potential future use. Your personal information will remain private and confidential per our Privacy Policy.

MeetPaidly will remit any and all remaining funds collected to Payee. Any final payment amount will be communicated via email and should be reconciled with your Payee statement.

Payments

We do not send a statement listing transactions made using the Services. We will send an electronic notification to the email provided by you on your Subscriber Account when a payment has been made to a Payee. Subscribers should confirm all of the transactions with statements provided by the Payees.

Delays with Processing a Payment

Please note that some transactions may take longer to be credited to your account with the applicable Payee due to circumstances beyond our control, such as delays in handling and posting payments by the Payee or their financial institution. Some Payees may delay processing your payment. We are not responsible for any delays in processing payments resulting from action or inaction of any third party, including Payees.

Rejected Payments

Please note that a Payee is not required to accept payments through our Services. We are not responsible or liable for a Payee's decision to not accept a payment made through the Services. If we are notified that a payment sent through our Services was rejected, we will attempt to resubmit the payment to your Payee, if appropriate. If we are unable to process the payment or the payment is rejected, we will void the payment, credit the payment back to your Sponsor, and notify you within thirty (30) days of us being notified of the rejection or unprocessed payment.

Fees

MeetPaidly charges Sponsors a fee to use and offer our Services. MeetPaidly may also be compensated by third-party vendors for their services provided and used on the Website.

Questions Regarding Payments

All Subscriber questions about a payment or the transactions made through our Services should be directed to us, MeetPaidly, and not to your Sponsor. We can respond to questions regarding the operation of the Services and can address any errors in transactions made through the Services. Upon notification, we will use commercially reasonable efforts to work with you and, if appropriate, your Payee to resolve any errors or questions about any payments made with our Services.

Unauthorized Transactions

By agreeing to these Terms and Conditions, you agree to notify us as soon as you discover an unauthorized payment made through the Services and not more than thirty (30) days after either the issuance of the statement from the Payee's reflecting the payment or the payment is posted to your Subscriber Account, whichever is earlier. It is the Subscriber's responsibility to monitor payments and statements from the Payee for accuracy.

You may request documentation or information regarding a payment transaction to determine whether an unauthorized transfer occurred by contacting us using the contact methods specified in these Terms and Conditions. Failure to notify MeetPaidly of unauthorized transactions constitutes a waiver of any claim against MeetPaidly related to the unauthorized transactions.

Notification Requirements and Procedures

You agree to alert us immediately if you believe your username and password has been lost or stolen, or if you believe that a fund transfer has been made without your permission.

For unauthorized payments or any other errors regarding payments, you must contact us no more than thirty (30) days after either the issuance of your Payee's statement reflecting or omitting the subject payment or the payment posting to your Subscriber Account, whichever is earlier, in order for MeetPaidly to be able to assist in addressing the issue.

All communications related to this Agreement, including to report unauthorized or erroneous payments or questions about any payments, must be sent by Certified Mail with Return Receipt and by email to the contact information below:

Paidly LLC
Mail Address: Paidly LLC
6 N. Main Street, Suite 205
Fairport, New York 14450
Email: [email protected]

In all communications, please provide the following information:

• Your name and email address associated with your Subscriber Account.
• The name and contact information of your Sponsor.
• Describe the purpose of the communication (e.g. seeking information or assistance related to an error, unauthorized payment, or question regarding the Services).
• Any identifying information regarding the subject transaction, if applicable, including the date the payment was posted, amount of the payment, Payee information, account number, etc.

All communications from MeetPaidly to you are through electronic communication via the email registered and associated with your Subscriber Account.

We aim to acknowledge all communications within ten (10) business days of receipt. However, we may, as determined in our sole discretion, take up to sixty (60) days to investigate, address, or rectify, if applicable, your complaint or question.

Upon request, we are happy to provide a written explanation related to a determination made by us regarding unauthorized transactions, errors, or other issues arising from use of our Services as well as provide copies of any documents used in making those determinations.

For purposes of these disclosures and contacting MeetPaidly, our business days are Monday through Friday from 9:00 am to 4:30 p.m. EST. Holidays are not included.

Confidentiality/Privacy

We believe strongly in protecting individual user confidentiality and privacy and providing you notice of our collection and use of data, including personally identifying information, collected from you. Therefore, by agreeing to these Terms and Conditions and by using our Services and Website, you represent that you have read and agree to our Privacy Policy. Our Privacy Policy is also available at: https://meetpaidly.com/privacy-policy

Disclaimer of Representations and Warranties; Limitations on Liability

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE SERVICES OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES ON AN "AS IS, AS AVAILABLE" BASIS AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SERVICES. YOU USE THE SERVICES (AND PARTICIPATE IN ANY BENEFITS PLAN FROM YOUR SPONSOR) AT YOUR OWN RISK. EXCEPT AS REQUIRED UNDER APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM YOUR USE OF THE SERVICES (OR PARTICIPATION IN ANY BENEFITS PLAN FROM YOUR SPONSOR). WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY WARRANTY NOT SET FORTH IN THESE TERMS AND CONDITIONS WILL NOT BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Force Majeure

Without limiting the applicability of the terms of the Section labelled "Disclaimer of Representations and Warranties; Limitations on Liability" MeetPaidly shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.

Indemnification

You agree to indemnify, defend and hold harmless MeetPaidly, its parents, subsidiaries and affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors and other representatives from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorney's fees, arising out of, related to, or which may arise from:

1. Your use of the Services;
2. Your actual or alleged breach of or non-compliance with any term of these Subscriber Terms and Conditions;
3. Your violation of any right of a third party in connection with your use of the Services, including but not limited to any right of privacy, publicity rights, or intellectual property rights of such third party;
4. Your negligence or violation or alleged violation of any federal or state law, rule or regulation; or
5. Any other party's access and/or use of the Services with your login credentials used on the Website.

UNDER NO CIRCUMSTANCES WILL MEETPAIDLY BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THE SERVICES, WEBSITE, OR ANY PORTION THEREOF, REGARDLESS OF WHETHER MEETPAIDLY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE.

Your sole remedy for dissatisfaction or dispute with MeetPaidly, the Website, or MeetPaidly's Services is to stop using the Website and MeetPaidly Services. In no event shall the cumulative liability of MeetPaidly, its employees, partners, and affiliated companies exceed the amount paid to MeetPaidly for subscription or service fees by you during the prior twelve months before such dissatisfaction or dispute arises.

Intellectual Property Rights

MeetPaidly either owns, or has licensed, all U.S. legal right, title and interest in and to the Services, including but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to the Services (the "Intellectual Property"). These Subscriber Terms and Conditions do not grant you any rights with respect to the Intellectual Property.

MeetPaidly reserves the right to terminate your access to the Services in the event you infringe on any copyright rights of MeetPaidly or any third party. MeetPaidly also reserves the right to remove any material posted by an individual that is alleged to infringe the copyrights of others.

Termination

You may terminate these Subscriber Terms and Conditions and your use of the Services at any time by emailing us at: [email protected]. You must notify MeetPaidly at least thirty (30) days prior to any scheduled payments to cancel or modify the scheduled payment.

MeetPaidly may terminate these Subscriber Terms and Conditions by terminating your access to the Services by deactivating or closing your MeetPaidly Subscriber Account at any time and for any reason, in its sole and absolute discretion without liability. MeetPaidly may also suspend the Services or your MeetPaidly Subscriber Account if MeetPaidly determines, in its sole discretion, that you (a) have violated these Terms and Conditions, (b) pose a fraud or other legal risk to MeetPaidly, or (c) have provided false, incomplete, inaccurate or misleading information or have otherwise engaged in fraudulent or illegal conduct.

Upon termination of these Subscriber Terms and Conditions and your use of the Services, the license granted to you under these Subscriber Terms and Conditions will immediately end and you must immediately stop using the Services. MeetPaidly will have the right to close your MeetPaidly Subscriber Account if you have not already done so to prevent your access to MeetPaidly and MeetPaidly's Services. MeetPaidly will not be liable to you or any third party for compensation, reimbursement, or damages arising in connection with your use of the Services or in connection with the termination or suspension of your use of the Services.

No Tax or Financial Advice

MeetPaidly does not provide tax or financial advice or services. You understand and agree that you alone are responsible for determining and understanding the tax and financial consequences of your participation in your Sponsor's Benefits Plan and the payments and transactions described above. Your Sponsor may elect to withhold income taxes and apply employment taxes (such as FICA taxes) with respect to the Benefits you receive as part of your Sponsor's normal payroll and compensation reporting processes and procedures. Nevertheless, you are still responsible for any tax consequences. Please check with your Sponsor as to its policies on taxes.

Governing Law/Exclusive Jurisdiction

These Terms and Conditions will be interpreted, governed, and enforced under the laws of the State of New York as well as any claim, cause of action or dispute that might arise between you and MeetPaidly, without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Monroe County, New York.

In the event of a dispute or claim brought to enforce the rights under these Terms and Conditions, MeetPaidly shall be entitled to recover its costs and expenses, including but not limited to reasonable attorneys' fees incurred in the defense or enforcement of these Terms and Conditions.

Use of MeetPaidly's Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. In the event there is deemed to be any information regarding Services and MeetPaidly products then such use and information is applicable only in jurisdictions where such services and products may lawfully be offered for sale and is void where prohibited by law. If you access MeetPaidly's Services from outside of the United States, you are responsible for compliance with local, national and international laws.

Assignment

These Subscriber Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by you and any attempted assignment will be deemed void. MeetPaidly reserves the right to assign these Subscriber Terms and Conditions to any third party without notice to you. These Subscriber Terms and Conditions will be binding and inure to the benefit of the parties hereto and their successors and permitted assigns.

Entire Agreement

These Subscriber Terms and Conditions represent the entire understanding of you and MeetPaidly with respect to the subject matter contained herein and supersede and cancel all prior written or oral contracts, agreements and understandings of you and MeetPaidly with respect to the subject matter of these Subscriber Terms and Conditions unless otherwise explicitly stated in these Terms and Conditions.

Amendments and Modifications

MeetPaidly may modify or revise these Subscriber Terms and Conditions from time to time, and will attempt to provide at least thirty (30) days' notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by any future revised Subscriber Terms and Conditions.

Survival

These Subscriber Terms and Conditions, where their terms call for performance subsequent to termination or expiration of these Terms and Conditions or your use of MeetPaidly's Services, shall so survive such termination or expiration. The respective rights and obligations of the parties under these Terms and Conditions shall survive the termination or expiration of the Terms and Conditions to the extent necessary to preserve and enforce such rights and obligations.

No Waiver; Severability

The failure of MeetPaidly to exercise or enforce any right or provision of these Subscriber Terms and Conditions shall not constitute a waiver of such right or provision. All waivers must be expressly in writing and signed by an authorized representative of MeetPaidly.

If any provision of these Subscriber Terms and Conditions shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Subscriber Terms and Conditions shall remain in full force and effect.

Conflicts and Other Agreements

In the event of a conflict between these Subscriber Terms and Conditions and any other policies of MeetPaidly, these Subscriber Terms and Conditions shall prevail as to the subject matter contained herein with respect to MeetPaidly.

These Terms and Conditions do not nullify, and are in addition to, any other terms and conditions contained in other agreement(s) between you and MeetPaidly, including without limitation, any agreement regarding your use of the Services or any webpages, Websites or social media Websites maintained by us. Certain portions or pages of the Website, or other webpages, websites or social media websites are subject to additional disclosures and disclaimers. In the event of conflict between those disclosures and disclaimers and these Terms and Conditions, the additional disclosures and disclaimers will govern those portions, pages or websites. Termination or modification of these Terms and Conditions will not affect, or result in the termination or modification of, any such other agreements or disclaimers.

Headings and Subheadings

The headings inserted in these Terms and Conditions are inserted for convenience and identification only and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof.

Third-Party Beneficiary

The provisions of these Subscriber Terms and Conditions are entered into for the benefit of MeetPaidly and MeetPaidly's third-party licensors and designees and each of them shall have the right to enforce such provisions of these Subscriber Terms and Conditions directly against you to protect their interests. Except as stated in this section, there shall be no other third-party beneficiaries to these Subscriber Terms and Conditions.

Contact Information

You can contact MeetPaidly about these Subscriber Terms and Conditions by phone, writing or email us at the addresses below:

Email: [email protected]
Toll Free Phone: (888) 384-6010 [kindly leave a message if attendant is servicing another callers]
Mail Address: Paidly LLC, 6 N. Main Street Suite 205
Fairport, New York 14450