These Terms of Service (“Terms”) govern your access or use of Papaya’s services, all Papaya-operated websites (including papayapay.com and ppaya.com), and all Papaya-operated mobile applications, including iOS and Android Applications (the “App” or “Apps”)(collectively, the “Service” or “Services”). In these Terms, “we”, “us”, “our,” and “Papaya'' refer to SnapPays Mobile, Inc. d/b/a Papaya Payments. These Terms include and hereby incorporate by reference Papaya’s privacy policy available at https://papayapay.com/privacy. Please read these Terms carefully before accessing or using the Service. By using the Service in any manner, including visiting the Service webpage, downloading the Service App, or submitting any information through the Service, you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, please do not access or use the Service.
NOTICE OF BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE “DISPUTE RESOLUTION; CLASS ACTION WAIVER” SECTION BELOW.
In order to access or use the Service, you must be a resident of the United States and at least 18 years of age or the age of majority in your state of residence.
Bill Pay: Papaya facilitates the payment of bills through the Service. No funds flow through accounts owned by Papaya during the processing of such payments; all funds flow through accounts owned by and held at our financial institution service providers.
Embedded Bill Pay: Papaya facilitates the payment of bills by offering an embedded solution to contracted partners. The partners offer the embedded service through their respective electronic platform (website or app) by allowing their customers to pay bills without having to navigate away from its platform. No funds flow through accounts owned by Papaya during the processing of such payments; all funds flow through accounts owned by and held at our financial institution service providers.
Papaya Privacy Protection Subscription (“Privacy Protection” or “Privacy Subscription” or “Privacy Service” or “Identity Protection”): A subscription that gives Papaya the ability to provide subscribers notice of exposed personal information online, provide removal of exposed personal information, identity theft monitoring, identity theft insurance and identity restoration services if a subscriber’s identity has been compromised. These services are delivered to you in partnership with Array US Inc. (see “Privacy Protection - Additional Terms” section for more information).
Personal Data Needed to Utilize the Services
In order to access or use the Services, you must open an account (only required for some Services) and provide your email address, at least one valid payment method (e.g., demand deposit account for ACH or Mastercard, Visa, American Express, or Discover branded debit or credit card), any information required to validate your payment method, and any other information required by the payee to accept your bill payment. You represent and warrant that you own all information provided to/collected by Papaya and its third party partners in the course of accessing or using the Service.
Some Services may require you to establish a Papaya account (an “Account”) by creating a password and providing certain information, including, without limitation, your name, email address, text-enabled mobile phone number, address, date of birth, social security number, and government-issued identification number (e.g., driver license or passport number). All Account information you provide must at all times be true, accurate, and complete, and you must update your Account information as necessary. We will have no liability for relying on any Account information you provide. Papaya has the right, in its sole discretion and for any or no reason, to decline your Account creation.
When you create an Account and from time to time thereafter, your Account may be subject to verification, including validation of any information you provide to us against third-party databases. You authorize us to make inquiries, directly or through third parties, to validate such information, though we are under no obligation to do so.
You are solely responsible for safeguarding and maintaining the confidentiality of your Account password and agree not to share it with any person who is not authorized to use your Account. You agree that we may assume that any person using the Service with your Account password either is you or is authorized to act on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for your Account. We will have no liability arising from your failure to comply with these obligations.
Bill Pay: An Account is not required to use the Bill Pay service. You can request to have your information removed from Papaya’s database by contacting Papaya by email at help@ppaya.com.
In order to submit bill payment instructions, you must complete the following steps:
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. Payment statuses are also updated and available within the App.
Papaya does not support international payments or peer to peer (P2P) payments. If you did not cancel your payment yourself, it may fall in the aforementioned categories and outside these Terms of Service.
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 previously authorized electronic funds 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 a stop payment is unable to be honored in time.
8605 Santa Monica Blvd. #52843
West Hollywood, CA 90069
The following additional terms are specific to Privacy Protection.
The Privacy Protection Service and its related identity protection benefits (“Privacy Protection”, “Identity Protection”) are delivered to you by Papaya in partnership with Array US Inc. and require users to accept Papaya’s Terms of Service and Privacy Policy (https://papayapay.com/compliance/privacy). A summary of benefits can be located in your Account profile.
Benefits of Privacy Protection:
Privacy Protection Subscription Fee and Renewal
In order to enroll in the Privacy Service, you must link a payment method.
The Privacy Protection Subscription fee (e.g. monthly, annual) is disclosed in the App at user enrollment and reflected in the App’s Subscription Management tab.
The Privacy Protection fee is non-refundable except as expressly set forth in these Terms. By subscribing to Privacy Protection, you are authorizing Papaya (or its third-party payment processor) to charge you automatically on a monthly or annual basis, unless you cancel. BY AGREEING TO THESE TERMS AND SUBSCRIBING to Privacy Protection, YOU ARE ACCEPTING THE RECURRENT PAYMENT OBLIGATIONS SET FORTH WITHIN THESE TERMS.
If all linked payment methods are declined for payment of your Privacy Protection fee, you must provide a new payment method within seven (7) days or your service will be canceled. If you provide a new payment method and are successfully charged, your new Privacy Protection Subscription period will be based on the original renewal date and not the date of the successful charge.
Privacy Protection Subscription Cancellation
To cancel your Papaya Privacy Protection subscription, which may appear as "PAPAYA PRIVACY SUBSCR" on your billing statement, you can do so by logging into your account dashboard, navigating to the 'Account' section, and selecting 'Cancel Subscription'. Alternatively, you may contact Customer Service for assistance. Our Customer Service department is available Monday through Sunday, from 4:00 AM to 9:00 PM Pacific Time. You may reach Customer Service via email at privacy@papayapay.com or by telephone at 888-850-5196.
By accepting these Terms during use of Services, you agree to electronically receive disclosures and notices required by law about Papaya Services. Electronic versions may be sent to the email listed within your Account, posted on Papaya’s website or mobile application.
Receipt of Notice
All communication will be deemed received by you twenty-four (24) hours after it is provided via one of the electronic delivery methods noted within the E-sign Consent section.
System Requirements
To access and save electronic disclosures, you will need one of the following:
Withdrawing E-sign Consent
You may withdraw E-sign Consent by contacting help@ppaya.com or by calling 888-850-5196. If you choose to withdraw your E-sign Consent, you may be restricted from using the Services. As the nature of certain Services requires delivery of communications electronically, depending on the type of Service used, we may close your Account and any related Services upon receipt of your withdrawal of E-sign Consent.
Accepted payment methods will differ based on the type of Service being used.
Accepted Payment Method by Service
Bill Pay: Acceptable payment methods include ACH and debit or credit cards issued on the Mastercard, Visa, American Express, or Discover networks.
Embedded Bill Pay: Acceptable payment methods will vary based on the partner.
Privacy Subscription: Acceptable payment methods include ACH and debit or credit cards issued on the Mastercard, Visa, American Express, or Discover networks.
In the event that you elect to use ACH as your payment method, you must open a Dwolla customer account provided by Dwolla, Inc. (a “Dwolla Account”) and accept the Dwolla Terms and the Dwolla Privacy Policy. Any funds held in a Dwolla Account are held by Dwolla’s Financial Institution Partners as set out in the Dwolla Terms. You authorize Papaya to share your data with Dwolla for the purposes of opening and supporting your Dwolla Account, and you are responsible for providing accurate and complete information for these purposes.
As required by federal law, the following disclosures are made regarding electronic payments, deposits, transfers, and other electronic transactions. There may be limitations on account activity that restrict your ability to make electronic funds transfers. Papaya reserves the right to suspend or cancel any transaction at any time if fraud or compliance concerns arise.
Definitions: the term Electronic Funds Transfer means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account.
Limitations on EFTs: There are limitations on the frequency and amount of EFTs you can make through Papaya for ACH transactions. Listed below are the limits for each type of transaction:
Liability
Authorized Transfers: All Electronic Funds Transfers you authorize, whether directly or indirectly, are your liability.
Unauthorized Transfers: In the event you believe your payment method has been stolen or used in an unauthorized manner, you believe your access to the App has been compromised, or you believe that an unauthorized payment has taken place within your account, you are required to inform Papaya (by email at help@ppaya.com or by calling 888-850-5196 immediately to prevent possible loss. If you inform Papaya within two (2) business days after learning of the loss or theft of your payment method, 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 payment method, you could be liable up to $500. If your statement shows unauthorized payments, contact Papaya immediately. You have 60 days after the statement was provided to communicate unauthorized payments to avoid liability for subsequent payments. If you do not contact Papaya within 60 days of identifying an unauthorized payment, and we establish the payment would not have occurred had Papaya been notified, Papaya is not liable to reimburse you for these payments. Extenuating circumstances will be considered for a delay in communication between you and Papaya.
In the event your payment method has been lost or stolen, or you believe your access to the App has been compromised, please contact us by email at help@ppaya.com or by calling 888-850-5196.
Errors or Questions related to Electronic Funds Transfers
Your Responsibility: In the event you believe a payment was made in error or you would like additional information related to a payment , please contact Papaya by email at help@ppaya.com or by calling 888-850-5196. You have 60 days after the payment was made to communicate any errors. Your communication must include your name, payment method, 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 payment method 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 of an error 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 payment method if Papaya determined no error was made. You have the right to request copies of the documents used in the investigation.
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.
You: You may stop using Papaya at any time. You may terminate the Terms applicable to your Papaya Service, including Privacy by canceling in App, or by contacting help@ppaya.com or by calling 888-850-5196. Any termination of these Terms does not relieve you of your obligation to pay the balance due prior to termination, chargebacks, and any other amounts owed to us as provided in these Terms. You may terminate your use of the Service and your Account at any time.
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) we are required to do so by law; or (3) 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.
We may provide notices to you by: (a) emailing them to your Account’s email address, (b) mailing them via courier or regular mail to your Account’s street address, or (c) posting them online. 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.
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.
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.
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.
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.
8605 Santa Monica Blvd. #52843
West Hollywood, CA 90069
Customer Service is available Monday through Sunday from 4AM - 9PM (PT).
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 or as set forth above (small claims court), 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 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.
These Terms, including Papaya’s Privacy Policy along with the terms, privacy policy and agreements of/with other third parties referenced within, 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.
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 theseTerms 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.
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.
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.