On Demand Pay Terms of Service

On Demand Pay is an umbrella term for Branch’s employer-enabled services that make a percentage of an employee’s earned but unpaid wages available before their next scheduled payday using technology developed by Branch. The following terms and conditions (the “ODP Terms”) govern your use of Branch’s ODP Service (“ODP Service”). Please read these ODP Terms carefully before using the ODP Service.

THIS AGREEMENT INCORPORATES BY REFERENCE THE BINDING ARBITRATION AGREEMENT IN SECTION 11 OF THE BRANCH TERMS OF SERVICE, AVAILABLE AT BRANCHAPP.COM/LEGAL/TERMS (THE "ARBITRATION AGREEMENT").

UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST BECOMING SUBJECT TO IT, ALL DISPUTES REGARDING THESE ODP TERMS AND/OR THE ODP SERVICE WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT. THE KEY FEATURES OF THE ARBITRATION AGREEMENT INCLUDE:

• MANDATORY BINDING ARBITRATION: WITH LIMITED EXCEPTIONS, ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY NATIONAL ARBITRATION & MEDIATION ("NAM") RATHER THAN IN COURT.
  
• INFORMAL DISPUTE RESOLUTION FIRST: BEFORE INITIATING ARBITRATION, YOU AND BRANCH MUST FIRST ATTEMPT TO RESOLVE ANY DISPUTE THROUGH GOOD FAITH INFORMAL EFFORTS.
• JURY TRIAL WAIVER: YOU AND BRANCH WAIVE ANY RIGHT TO HAVE ANY DISPUTE HEARD BEFORE A JUDGE OR JURY IN COURT.
• CLASS ACTION AND COLLECTIVE ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. CLASS, REPRESENTATIVE, AND COLLECTIVE ACTIONS ARE NOT PERMITTED. PLEASE NOTE, HOWEVER, THAT THE ARBITRATION AGREEMENT DOES PROVIDE THE POTENTIAL FOR BATCH ARBITRATION.
• MILITARY LENDING ACT EXEMPTION: IF YOU ARE A "COVERED MEMBER," OR DEPENDENT OF A COVERED MEMBER, AS DEFINED BY THE MILITARY LENDING ACT, THE ARBITRATION AGREEMENT DOES NOT APPLY TO YOU.

PLEASE REFER TO THE BRANCH ARBITRATION AGREEMENT FOR FULL DETAILS.

IMPORTANT NOTICES ABOUT BRANCH ON DEMAND PAY ADVANCES:

• ON DEMAND PAY IS AN OPTIONAL SERVICE AVAILABLE TO YOU IF YOUR EMPLOYER OFFERS IT AND YOU MEET THE ELIGIBILITY REQUIREMENTS ESTABLISHED BY YOUR EMPLOYER AND YOUR STATE OF RESIDENCE.
• ADVANCES OF A PERCENTAGE OF YOUR EARNED BUT UNPAID WAGES PRIOR TO YOUR REGULARLY SCHEDULED PAYDAY (“ADVANCES”) ARE PROVIDED TO YOUR BRANCH WALLET AT NO CHARGE.
• IF YOUR EMPLOYER OFFERS YOU THE ABILITY TO RECEIVE ADVANCES DIRECTLY TO YOUR CURRENT BANK ACCOUNT USING BRANCH DIRECT, AND YOU CHOOSE THAT OPTION, A PER-TRANSACTION FEE OF $2.99 WILL APPLY IF YOU CHOOSE THE INSTANT ADVANCE OPTION; STANDARD ADVANCES, WHICH USUALLY TAKE 1-2 BUSINESS DAYS, ARE FREE.
• FOR THE MAJORITY OF USERS OF THE ODP SERVICE, BRANCH WILL RECOVER ADVANCE AMOUNTS AND ANY ASSOCIATED FEES FROM YOUR EMPLOYER, WHICH AMOUNTS ARE THEN DEDUCTED FROM YOUR PAYCHECK (“PAYROLL RECOVERY”).
• FOR SOME USERS OF THE ODP SERVICE, BRANCH WILL RECOVER ADVANCE AMOUNTS AND ANY ASSOCIATED FEES FROM YOUR BRANCH WALLET (“WALLET RECOVERY”).
• THE ODP SERVICE IS NON-RECOURSE, MEANING THAT NEITHER BRANCH NOR YOUR EMPLOYER WILL TAKE ACTION AGAINST YOU TO COLLECT ANY ADVANCE OR ASSOCIATED FEE THAT IS NOT RECOVERED IN ACCORDANCE WITH SECTION [X] OF THESE ODP TERMS. NEITHER YOUR EMPLOYER NOR BRANCH WILL:
  
  • ENGAGE IN DEBT COLLECTION ACTIVITIES RELATED TO ANY ADVANCE OR ASSOCIATED FEE;
  • REPORT THE NON-RECOVERY OF ANY ADVANCE OR ASSOCIATED FEE TO A CONSUMER REPORTING AGENCY; OR
  • PLACE ANY UNRECOVERED ADVANCES OR ASSOCIATED FEES WITH, OR SELL THEM TO, A THIRD-PARTY COLLECTION AGENCY OR SERVICE.
• USE OF ON DEMAND PAY IS NOT INTENDED TO CREATE A DEBT OBLIGATION FROM YOU TO BRANCH OR TO YOUR EMPLOYER.

1. INTRODUCTION TO ON DEMAND PAY. On Demand Pay refers to Branch’s employer-enabled services that, subject to these ODP Terms, make a percentage of your earned but unpaid wages available to you before your next scheduled payday.
   
   1. Two Ways to Use the ODP Service. Depending on the options made available by your employer, there are two ways in which you may be able to view, request and receive Advances:
      
      • Branch Wallet: You can see how much you are eligible to receive on the Branch App, and then request that all or part of it be sent instantly to your Branch Wallet at no charge; or
      • Branch Direct: You can see how much you are eligible to receive on the Branch Direct website and then request that all or part of it be sent to your Bank Account, either instantly for a fee of $2.99, or via standard delivery (1-2 business days) at no charge.
   2. Two Methods of Repaying Advances. How your Advances are repaid depends on the recovery model your employer has chosen:
      
      • Payroll Recovery Program: Your employer deducts the total Advances you took during the pay period, plus any applicable fees, from your next paycheck. Most employers have selected the Payroll Recovery Program.
      • Wallet Recovery Program: Branch deducts the total Advances you took during the pay period, plus any applicable fees, directly from your Branch Wallet.
        
        In some cases, because of timing or state-law limits, your Advances may be recovered across more than one paycheck, or through more than one debit from your Branch Wallet.‍
   3. ‍Optional Service. The ODP Service is optional, and you are not obligated to use it. In the event you elect to use the ODP Service and request an Advance, there is no obligation to request subsequent Advances.‍
   4. Regular Pay Only. On Demand Pay only applies to hourly or salary amounts. It does not apply to other amounts you may earn such as bonuses, incentive pay, expense reimbursements, termination pay and other off-cycle amounts that do not arise from a regular pay or payment cycle.
   5. ‍Current Pay Period Only. On Demand Pay cannot be used to request retroactive Advances for pay periods which ended prior to the pay period in which you request the Advance.
   6. ‍Sponsor Bank. Banking services to facilitate On Demand Pay are provided through either Evolve Bank & Trust, Member FDIC or Lead Bank, Member FDIC (each, a "Sponsor Bank"). For employees with Branch Wallets, the name of your Sponsor Bank is found on the back of your Branch Card.
2. ‍ACCEPTANCE OF TERMS AND CONDITIONS. By using the ODP Service, you acknowledge that you have read and understood, and agree to be bound by, not only these ODP Terms but also the terms and conditions of the following documents, each of which is incorporated herein by reference, and each of which must be agreed to during the process of opening a Branch Wallet or enrolling in Branch Direct, which are prerequisites to using the ODP Service:
   
   - Branch Terms of Service Agreement (“TOS Agreement”), branchapp.com/legal/terms;
   - Branch Electronic Communication Consent (“ECC”), branchapp.com/legal/com;
   - Branch Privacy Policy (“Privacy Policy”), branchapp.com/legal/consumer-privacy-policy;
   - Sponsor Bank Agreements, such as the Cardholder Agreement and Deposit Agreement (the “Sponsor Bank Agreements”), branchapp.com/legal/terms, but only if you are using the Branch Wallet to receive Advances.
   - Branch Direct Terms of Service (“Branch Direct Terms”), but only if you will use Branch Direct to receive Advances in your Bank Account, branchapp.com/legal/direct.
   
   Please read each document carefully before signing and let us know if you have any questions. All defined terms used but not defined herein shall have the meanings set forth in the TOS Agreement. These ODP Terms supersede any previous ODP Terms you may have signed in the past. In the event of a conflict between these ODP Terms and any of the above documents with respect to the ODP Service, these ODP Terms will control.
   
   1. ‍Changes to These ODP Terms. Branch reserves the right to update these ODP Terms at any time. If we make material changes, we will notify you by posting the updated ODP Terms on our website, [INSERT URL for these terms] and, where required by law, by email, text message, or other reasonable means. We encourage you to review these ODP Terms periodically. Unless otherwise specified, all changes take effect upon posting. Unless otherwise specified, all changes take effect upon posting. We will provide notice and opportunity to opt out of any changes to the Arbitration Agreement, even if not required by law.‍
   2. Your Acceptance of Changes. Your continued use of the ODP Service after the effective date of any updates constitutes your acceptance of the updated ODP Terms. If you do not agree to an update, notify Branch by email at support@branchapp.com within fourteen (14) days of receiving notice of the change and we will terminate your enrollment in the ODP Service.‍
   3. Branch’s Right to Terminate or Suspend. Branch may, in its sole discretion, terminate or suspend your access to the ODP Service or modify these ODP Terms, at any time, subject to applicable law. Branch will endeavor to provide reasonable notice where practicable but is not obligated to do so and shall have no liability arising from such actions.‍‍
3. ‍ELIGIBILITY AND ENROLLMENT
   
   1. Eligibility Requirements. To participate in Branch’s ODP Service, employees must meet the following requirements:‍
      
      • Age: You must be at least eighteen years old or the age of majority in your state of residence (except if your Branch Account is a Minor Account and your employer offers the ODP Service).‍
      • Legal Status: You must be a U.S. citizen or legal U.S. resident.‍
      • Employment: You must (a) receive salary or wages from an employer that partners with Branch to offer the ODP Service, and (b) have earned funds from that employer during the current pay period. ‍
      • Account Type: Depending on the options made available by your employer, you must either have a Branch Wallet or a bank account enrolled in Branch Direct (“Bank Account”). ‍
      • Workplace and State Requirements: If applicable, you must meet any other requirements or eligibility criteria established by your employer and your state of residence. Note: the ODP Service may not be offered or available in all U.S. jurisdictions.‍
   2. Enrollment in the ODP Service. If you meet the eligibility requirements in Section 3.A above, you then can access the ODP Service through the Branch App or the Branch Direct website. If you have not previously opened Branch Wallet or used Branch Direct, you will be provided a link by either Branch or your Employer that you will use to begin the enrollment process, during which you must:‍
      
      • Review and Agree to Applicable General Terms. You will be given the opportunity to review and then accept the TOS Agreement, the ECC and the Privacy Policy, all of which apply regardless of whether you will access the ODP Service using a Branch Wallet or Branch Direct. ‍
      • Verify Your Identity. Provide contact and other information required to verify your identity. See Section 3.C below for additional details. ‍
      • Review and Agree to Additional Terms. You will then be given an opportunity to review and then accept the Sponsor Bank Agreements (Branch Wallet only), or the Branch Direct Terms (Branch Direct only), as applicable. ‍
      • Connect Your Bank Account and Debit Card (Branch Direct Only). Employees enrolling in Branch Direct will connect their Bank Account and a debit card. ‍
   3. Anti-Money Laundering Notice. To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions and their third parties to obtain, verify, and record information that identifies each person who uses their services. What this means for you: when you complete the Verify Your Identity step of enrollment, we may ask for your name, address, date of birth, social security number or Individual Taxpayer Identification Number ("ITIN"), and other information that will allow us to identify you. We also may ask to see your driver's license or other documentation bearing your photo as verification of your identity.‍
   4. Changes to Your Personal Information. You agree to promptly notify Branch of changes to your address, email address and other personal information provided in connection with your enrollment in the ODP Service.‍
4. DETERMINING ADVANCE LIMITS. The Branch App or the Branch Direct website, as applicable, will display how much you are eligible to receive based on your earnings during the current pay period (the “Advance Limit”). While most employers allow employees to receive Advances of up to 50% of amounts earned in that pay period, some employers impose lower limits. Your employer may also limit the total number of Advances you can access in a pay period or for a period of time.‍
5. ADVANCE REQUESTS AND FEES
   
   1. Branch Wallet. You may use the Branch App to request an Advance of all or a portion of the Advance Limit to your Branch Wallet for free. Advances sent to the Branch Wallet are delivered instantly. ‍
   2. Branch Direct. If you are eligible to receive Advances using Branch Direct, then you may use the Branch Direct website to request an Advance of all or a portion of the Advance Limit to your Bank Account in one of two ways: ‍
      
      • Standard Advance. Funds are sent to your Bank Account via ACH or its equivalent for free and generally arrive in 1-2 business days.
      • ‍Instant Advance. Funds are sent to your Bank Account instantly for a fee of $2.99 per Advance, regardless of the amount of the Advance.
        
        ‍Note: Your bank may charge additional fees for ATM transactions, cash withdrawals or certain fund transfers into or out of your Bank Account.‍
6. COMPLETING AN ADVANCE REQUEST. Before completing each Advance, the Branch App or the Branch Direct website, as applicable, will display: (a) the amount of the Advance, plus any applicable fees; (b) a link to these ODP Terms; (c) a notice informing you that, by providing your signature, you are bound by the linked ODP Terms and you are authorizing the deduction of the Advance amount plus any applicable fees, (i) from your paycheck(s) by your employer for Payroll Recovery Programs, or (ii) from your Branch Wallet by Branch for Wallet Recovery Programs; and (d) a place to provide your electronic signature. Once you provide your signature and confirm the request by pressing or clicking the appropriate button, your Advance request is complete.‍
7. ADVANCE AGREEMENT. After you complete an Advance request as described in Section 6, the Branch App or the Branch Direct website, as applicable, will provide you with the ability to view your Advance Agreement, which will show the Advance amount plus any applicable fees, a link to the ODP Terms, your applicable deduction authorization, your signature, and the time and date of your signature. Each Advance Agreement will continue to be available for your review in the Branch App or the Branch Direct website, as applicable.‍
8. REPAYING ADVANCES. Advances and any associated fees are repaid each regular pay period. By completing your Advance request(s), you authorize the deduction of the total amount of all Advances you take during the pay period, plus any applicable Instant Advance fees for Branch Direct (the "Repayment Amount"), until the Repayment Amount has been fully recovered.
   
   1. ‍Deduction of Repayment Amount. For Payroll Recovery Programs, the Repayment Amount will be deducted from your next regularly scheduled paycheck, and your paystub will reflect the details of the deduction. For Wallet Recovery Programs, the Repayment Amount will be deducted from your Branch Wallet on or around your next regularly scheduled payday, and you can view the details of the deduction in the Branch App. ‍
   2. Multiple Deductions. If the full Repayment Amount cannot be deducted from your next paycheck or from your Branch Wallet for any reason (e.g., insufficient funds in the Branch Wallet), the remaining unrecovered balance shall be deducted from succeeding paycheck(s) or your next Branch Wallet deposit(s), as applicable, until the Repayment Amount is fully recovered.
9. ‍THERE IS NO RECOURSE IF TRANSFERS ARE NOT REPAID. Except as provided below in Section 10, neither your employer nor Branch will take action against you to collect any Advance that is not recovered in accordance with Section 8 of these ODP Terms. For the avoidance of doubt, neither your employer nor Branch will:
   
   • Engage in debt collection activities related to any Advance;
   • Report the non-recovery of any Advance to a consumer reporting agency; or
   • Place any unrecovered Advances with, or sell them to, a third-party collection agency or service.‍
10. SUSPENSION OR TERMINATION OF ACCESS TO ODP SERVICE. If Branch or your employer detects activity that we believe to be fraudulent, suspicious, or criminal in connection with your enrollment or participation in the ODP Service, or other activity that we believe violates or is inconsistent with these ODP Terms or any other agreement(s) you may have with Branch or, if applicable, its Sponsor Banks, Branch may suspend or terminate your participation in the ODP Service, and take any other action we deem appropriate while we investigate the activity and take steps to recover any Advances we believe were improperly obtained.
    
    Branch also may deny access to the ODP Service if we reasonably believe you have breached any of the representations, warranties, or covenants in Section 13 of these ODP Terms, or if we believe such action is necessary or advisable for legal or security reasons or to protect the Branch Direct website, the Branch App or the ODP Service, as applicable.
    
    Branch will terminate your access to the ODP Service once we have been notified by your employer that your employment has been terminated or suspended. In addition, on behalf, or at the request, of your employer, Branch may delay, suspend, or terminate access to the ODP Service for you individually or for all employees because of the employer's decision to no longer offer access to the service.‍
11. CANCELLING YOUR PARTICIPATION IN THE ODP SERVICE. If you no longer wish to participate in the ODP Service, all you have to do is stop requesting Advances. There are no cancellation or other fees charged by Branch in connection with your decision to no longer participate in the ODP Service or stop requesting Advances.‍
12. REVERSAL OF ERRONEOUS TRANSFERS. Branch and its Sponsor Banks reserve the right to reverse any erroneous transactions, up to the amount of the error. This may occur if we inadvertently credit your Branch Wallet or Bank Account for an Advance you did not request, or which was intended for another employee, or that exceeds the amount requested or the maximum Advance amount you were entitled to receive. ‍
13. YOUR CONSENT TO DATA SHARING BETWEEN YOUR EMPLOYER AND BRANCH. Branch’s ODP Service relies in part on your employer providing information to Branch about your earnings and Branch providing information to your employer about Advances you have received. Branch will collect, use, and share your information to provide the ODP Service in accordance with our Privacy Policy. Branch may request additional information from you or your employer from time to time as needed to facilitate services under the ODP Service. By requesting an Advance, you consent to your employer sharing your Personal Data (defined below) with Branch and consent to Branch sharing information about your Advances with your employer and, if applicable, the Sponsor Bank and/or any service providers engaged to help facilitate delivery of the ODP Service.
    
    1. As used herein, “Personal Data” includes:
       
       • Your name;
       • Your employer identification number, if applicable;
       • Your contact information (including your email and your mobile phone number);
       • Amounts owed to you by your employer as wages or other earnings and, where applicable, timecard information;
       • Your gross and net regular pay;
       • Your date of birth;
       • The last four digits of your social security number or tax identification number; and
       • Any other information required to be shared to facilitate the ODP Service.
    2. Branch only requests Personal Data from your employer to the extent required to provide the ODP Service. In accordance with the Privacy Policy, Personal Data obtained by Branch is not shared with third parties other than the employer, the Sponsor Bank, if applicable, Branch’s third-party service providers, and where required, Branch's regulators. ‍
14. EMPLOYEE REPRESENTATIONS, WARRANTIES AND COVENANTS. Each time you request an Advance, you represent and warrant to Branch and to your employer that, at the time of your request:
    
    1. The Advance requested reflects amounts you have properly earned in the pay period;
    2. Your unpaid earnings used to calculate your Advance:
       
       • Are currently and unconditionally owed and are not past due;
       • Have not been modified, dismissed, settled, or paid; and
       • Represent amounts owed to you by your employer for services performed in the ordinary course of employment and, to your knowledge, have been accurately recorded by you and your employer;
         
    3. The earnings you expect to receive in your next paycheck have not been assigned or sold to another party and are not subject to any dispute, claim, offset, deduction, lien, encumbrance, judgment, garnishment, or counterclaim of any kind;
    4. You have not made any error or misrepresentation, violated any rules established by your employer, engaged in fraud, or violated the law in submitting any of your hours or other information used to calculate your earnings or estimate your Advance eligibility;
    5. You have the right to, and do authorize, your employer (for a Payroll Recovery Program) or Branch (for a Wallet Recovery Program) to deduct from your paycheck(s) or your Branch Wallet, as applicable, the Advance Amount; and
    6. Whether the Advance Amount is deducted from your paycheck or from your Branch Wallet, the remaining net amount will be sufficient to allow you to meet basic living expenses until your next regularly scheduled paycheck.‍
    7. Advance Request Covenant. In addition, each time you request an Advance, you also make the following covenants:
       
       • You agree not to take any action (e.g., redirecting payments) that has an adverse effect on: (a) your employer’s ability to deduct such Advance from your next paycheck (for a Payroll Recovery Program), or (b) Branch’s ability to deduct such Advance amount from your Branch Wallet (for a Wallet Recovery Program); and
       • You agree to take all actions, if any, required to preserve and protect the right, title, and interest of your employer, or Branch, as applicable, in and to unpaid earnings against which you have requested an Advance.‍
         
15. DISPUTES WITH YOUR EMPLOYER. The ODP Service relies on information your employer provides to Branch about you. The information reflected in the Branch App or on the Branch Direct website about eligible Advance amounts is based solely on the information provided to us by your employer. Sometimes your records and those of your employer may differ about the amount of wages or other earnings you’ve earned or the amounts owed to you. We do not resolve or otherwise become involved in disputes between you and your employer. It is up to you to address such discrepancies directly with your employer. You should notify your employer and Branch of any disputed amounts as quickly as possible, and we would encourage you to work closely with your employer to resolve the dispute and to have your employer advise Branch of the resolution as quickly as possible. ‍
16. CONTACT BRANCH. If you have any questions, complaints or claims about the ODP Service, you may direct them to Branch through our Help Center at https://support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206.‍
17. STATE DISCLOSURE REQUIREMENTS
    
    1. CALIFORNIA CONSUMERS
       Branch is registered with the Department of Financial Protection and Innovation (the “DFPI”) under the CCFPL. Branch’s Registration Number with the DFPI is #04-CCFPL-2574503-3482187. The DFPI’s granting of a registration does not constitute a determination that a registrant’s acts, practices, or business model comply with any law or regulation. You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing at Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.‍
    2. NEVADA CONSUMERS
       Please see Branch's Earned Wage Access Provider License.‍
    3. SOUTH CAROLINA CONSUMERS
       If you have any questions, complaints or claims about the ODP Service, you may direct them to Branch through our Help Center at https://support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206. You may also report complaints about us to the South Carolina Department of Consumer Affairs at https://consumer.sc.gov/consumer-resources/consumer-complaints or by calling them at (800) 922-1594.
       
       As agreed to and explained in further detail in the Electronic Communication Consent, you consent to receive electronically all communications or disclosures related to the ODP Service as a condition to receiving the Branch Services, including the ODP Service. If you revoke your consent to receive such communications and disclosures electronically, you understand that we will immediately discontinue your access to the ODP Service.‍
    4. UTAH CONSUMERS
       If you have any questions, complaints or claims about the ODP Service, you may direct them to Branch through our Help Center at https://support.branchapp.com/hc/en-us, or contact us at support@branchapp.com, or at 3723 Greenville Ave STE 43694, Dallas, TX 75206. You may also report complaints about us to the Utah Division of Consumer Protection at https://services.commerce.utah.gov/dcp-complaint/
       
       At the time you request an Advance, Branch will disclose information about the specific Advance including:
       
       • The anticipated timeline for receiving funds;
       • The amount of funds you requested;
       • If applicable, the amount of any Instant Advance fee;
       • A clear disclosure indicating how to select a no fee option to receive the ODP Transfer;
       • The amount of funds you will receive;
       • If applicable, the Bank Account that will receive the funds;
       • If applicable, the date that Branch is authorized to withdraw funds from the Bank Account.
         
         Utah residents will be required to acknowledge receipt of the above information to obtain an Advance.