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End User License Agreement (Updated September 2024)
PLEASE READ CAREFULLY AND CLICK [I AGREE] TO CONTINUE.
THIS AGREEMENT SETS OUT YOUR RIGHTS AND OBLIGATIONS. PLEASE READ CAREFULLY AS YOUR LEGAL RIGHTS AND REMEDIES AGAINST US ARE ADDRESSED IN THIS EULA, INCLUDING THE PLACE AND TIME IN WHICH YOU ARE ABLE TO BRING A CLAIM AGAINST US.
Thank you for downloading the Instant Financial application (“the App”). Before you get started you must carefully read and agree to this end user license agreement (“EULA”).
The EULA is a legal agreement between you (“you”) and Instant Financial USA, Inc. (“Instant” or “we” or “us” or “our”). By downloading the App and clicking accept below, you accept and agree to be bound by the terms and conditions in this EULA. We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any relevant app store from which you downloaded the App. To use the App, you will need to setup a user account with Instant.
1. CONSENT, ATTESTATION OF PAY, AND OTHER ACKNOWLEDGMENTS
1.1 You attest that the option to receive Earned Wage Access, or your wages and/or tips by the Instant Financial Prepaid Visa Card (the “Instant Card”) or your virtual Instant account (the “Instant Account”) was not a condition or an implied condition of your employment. You further attest and acknowledge that you were offered other options to receive your wages and/or tips.
1.2 You acknowledge that your hours worked (for purposes Earned Wage Advances), wages and/or tips are calculated by your employer and not by Instant and that any error in such calculation or entry may result in incorrect amounts being paid out to you. Instant disclaims any liability or responsibility for such errors but will use commercially reasonable efforts to work with you and your employer to correct any such error.
1.3 Where the Instant Card is elected by you or your employer, and except as prohibited by law, you hereby agree and consent to your employer depositing to the credit of your Instant Card any and all wages and/or tips owed by your employer to you.
2. SECURITY, PRIVACY AND DATA COLLECTION
2.1. You agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our App and to certain online transactions may reveal identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our App, your account, or of any Private Documentation, and shall promptly report to Instant any suspected unauthorized use or other breach of security. You may be held responsible for unauthorized use of your account. Please see the section titled “Your Liability for Unauthorized Transfers” in your Accountholder Agreement for more information.
2.2. If you have a query about any information you have submitted to us, please contact us by email to info@instant.co.
3. GRANT AND SCOPE OF LICENCE
3.1. Subject to your compliance with the terms of this EULA, we grant you a non-transferable, nonsublicensable, non-exclusive license to use the App on a mobile device, subject to any applicable app store rules, incorporated into this EULA by reference.
3.2. We reserve all other rights not expressly granted herein.
4. LICENCE RESTRICTIONS
4.1. Except as expressly set out in this EULA or as permitted by law, you agree:
4.1.1. not to copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up;
4.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App, permit the App or any part of it to be combined with, or become incorporated in, any other programs disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
4.1.3. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person;
4.1.4. only to use the App with Instant approved devices;
4.1.5. to comply with all applicable laws and regulatory requirements relating to the use of the App and technology control or export laws and regulations that apply to the technology used or supported by the App or any of our services.
5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
5.1. We do not sell the App to you and we remain the owners of the App at all times.
5.2. You acknowledge that all intellectual property rights in the App and the associated technology anywhere in the world belong to us or our licensors, that rights in the App is licensed (not sold) to you, and that you have no rights in, or to, the App or the associated technology other than the right to use each of them in accordance with the terms of this EULA.
5.3. You acknowledge that you have no right to have access to the App in source-code form.
6. NO WARRANTY
6.1. WE PROVIDE THE APP “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INSTANT DOES NOT WARRANT THAT THE APP WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. INSTANT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
6.2. Instant will attempt to provide the App at all times, except for limited periods for maintenance and repair. However, the App may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We assume no liability or responsibility for any errors or omissions in the App; any failures, delays or interruptions in the App; any losses or damages arising from the use of the App, including, without limitation, any damage to your mobile device; or any conduct by other users of the App.
7. LIMITATION OF LIABILITY
7.1. UNDER NO CIRCUMSTANCES WILL INSTANT, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“INSTANT PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE APP.
7.2. A INSTANT PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE SUM OF ONE HUNDRED (100) US DOLLARS.
7.3 SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE INSTANT PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
7.4 Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is reflected in the pricing offered by Instant to you and is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in section 7 will apply notwithstanding whether we were told about the possibility of such damages, whether such damages were foreseeable or in the event of the failure of essential purpose of any limited remedy in this agreement.
8. ACKNOWLEDGEMENTS
8.1. From time to time updates to the App may be issued through the app store. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.
8.2. You will be assumed to either be the owner or have obtained permission from the owner of the mobile device on to which you download the App. You and they may be charged by your and their service providers for internet access on the mobile devices. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any mobile device, whether or not it is owned by you.
8.3. By using the App, you consent to us collecting and using technical information about the mobile devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you.
8.4. The App may contain links to other independent third-party websites. Third-party sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any).
9. TERMINATION
9.1. We may terminate this EULA immediately by providing written notice to you.
9.2. On termination for any reason:
9.2.1. all rights granted to you under this EULA shall cease;
9.2.2. you must immediately cease all activities authorized by this EULA, including your use of the App; and
9.2.3. you must immediately delete or remove the App from all mobile devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
10. CHANGES TO THE TERMS OF THIS EULA
10.1. We may change these terms at any time by sending you an update notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.
11. OTHER IMPORTANT TERMS
11.1. We may assign this EULA or transfer our rights and obligations under this EULA to another organization in our sole discretion, but this will not affect your rights or our obligations under this EULA.
11.2. You may only assign this EULA or transfer your rights or obligations under this EULA to another person if we agree in writing.
11.3. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12. GOVERNING LAW AND JURISDICTION
12.1. These Terms set forth in this EULA shall be governed by, and construed in accordance with, the laws of the state in which you work, without reference to its choice of law rules. Exclusive venue for any action arising out of or in connection with this agreement shall be in the state where the work was performed. The parties each hereby consent to the jurisdiction and venue in the state in which you work and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Instant shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.
12.2 Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our App must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
13. GENERAL PROVISIONS
13.1 This EULA constitutes the entire agreement between Instant and you with respect to your use of our App. If there is any conflict between the Terms and any other rules or instructions posted on the App, the Terms of the EULA agreement shall control.
13.2 If any portion of this EULA is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of this EULA will otherwise remain in full force and effect.
13.3 Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of this EULA, will survive the termination of this EULA and termination of the App. All headings included in this EULA are included for convenience only, and shall not be considered in interpreting this EULA.
13.4 Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Instant, to claim a beneficial interest in this EULA or any rights occurring by virtue of this EULA. There are no third party beneficiaries to this EULA. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
14. COMMUNICATION BETWEEN US
14.1. If you wish to contact us in writing you can send this to us by e-mail to info@instant.co.
14.2. If you have a query about an Instant account or your data please contact the data controller via e-mail to info@instant.co.
