DayCheck Program Consumer Terms and Conditions

Last updated: February 1, 2026

THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL, THAT AFFECT YOUR RIGHTS WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SPOTON AND ANY RELATED PARTIES. THIS AGREEMENT ALSO LIMITS SPOTON'S LIABILITY TO YOU IN THE EVENT OF A DISPUTE.

This SpotOn User Agreement (this “Agreement”) governs the access or use by you, an individual, of applications, websites, features, content, products, and services (the “Services”) made available by SpotOn Flex LLC and any vendors, agents, and service providers acting on its behalf (“SpotOn”). The Services are made available only in the United States and may only be accessed or used by you from within the United States. The DayCheck Program is not available in all states. SpotOn will inform you if it is available in your state.

By registering for and/or accessing or using the Services, including using the SpotOn mobile application (“App”) or visiting the SpotOn website at www.spoton.com (the “Site”), you (i) agree to be legally bound by this Agreement, which establishes a contractual relationship between you and SpotOn, and (ii) represent and warrant that you are of legal age in the state that you reside and have the right and authority to enter into this Agreement.

The Services provided to you by SpotOn are subject to this Agreement and to the following, all of which are incorporated herein by this reference: (a) the terms or instructions appearing on the App or the Site when enrolling for, activating, accessing or using the Services, (b) SpotOn’s Privacy Statement located at https://www.spoton.com/legal/daycheck-consumer-privacy/, (c) the terms and privacy policy of Astra, Inc. (“Astra”) (Astra facilitates certain funds transfers for SpotOn), (available at https://astrafi.com/terms/ which incorporates https://astrafi.com/privacy/); and (d) any law, rule, regulation, ordinance, code or order which governs or affects the Services or under which a party may exercise rights, including those relating to automated clearing house (ACH), electronic funds, and other transfers, or privacy and security as any or all of the foregoing may be amended and in effect from time to time (collectively, “Laws”). You are bound by this Agreement and any other applicable agreements or terms, regardless of whether you have read them or not. If you do not agree or are not willing to be bound by this Agreement, you should not seek to obtain or use the Services, and should delete the App from your mobile device.

1. Changes to this Agreement

   Subject to applicable law, SpotOn reserves the right to modify, change or replace the terms and conditions of this Agreement and its policies relating to the Services at any time, in its sole discretion. SpotOn will post the revised terms and conditions of this Agreement or policies on the Site and update the revision date at the top of this Agreement (the “Amendment Date”). Continuing to use the Services after the Amendment Date constitutes acceptance of the revised terms and conditions of this Agreement. You agree to visit the Site periodically to review any such changes to this Agreement to ensure that you understand the terms and conditions that apply to your use of the Services. When required by law, we will notify you of a change.

2. The Services

   The Services constitute a technology platform that enables qualified users of SpotOn’s App or Site, provided as part of the Services and in conjunction with our agreement with your employer (“Employer”), to obtain the tips you earn while working for your employer (“Tips”) prior to your regularly-scheduled payday (each, an “Earned Tips Transaction” or “ETT”). The Services are made available to you through a relationship established by SpotOn with your Employer and payroll provider. You agree to use the Services solely for your personal use and only for lawful purposes. Your right to access the Services may not be transferred by you to any person or entity. Our provision of ETT to you is a non-recourse transaction and it is not loan. The Service does not create a debt that you owe to us. If we cannot recoup the amount of the ETT and any related fees from your Employer, we will have no legal recourse to obtain those funds from you.

   YOU ACKNOWLEDGE AND AGREE THAT SPOTON DOES NOT PROVIDE LOANS OR CREDIT SOLUTIONS AND THE SERVICES DO NOT INVOLVE AN EXTENSION OF CREDIT. You do not pay interest on an ETT. Your employer deducts the amount of the ETT and applicable fees from your next paycheck and remits those funds to us. We will not obtain a credit report or credit score for you or require you to undergo credit underwriting to use the Services.

   You will be solely responsible for obtaining, maintaining, and ensuring compatibility with the Services of any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, personal devices, modems, hardware, servers, software, operating systems, networking, and web servers. SpotOn's App is intended to run on compatible smart mobile phone devices. SpotOn does not warrant that the App will be compatible with all devices. Receiving and sending notifications and correspondences in real time using the App requires a data plan and an Internet connection.

   You further acknowledge and agree that SpotOn’s use of the term “tips” is for programmatic or descriptive purposes only and does not constitute, imply, or confer any determination that amounts paid through the program are tips or gratuities under applicable federal, state, or local law. You and your Employer are solely responsible for determining the proper legal characterization of all such amounts and for paying any payroll, withholding, or other taxes imposed on tips, wages, or other compensation, regardless of how such amounts are labeled or described by SpotOn.

3. Access to the Services

   In order to access and use the Services you must first register for and maintain an active user service account with us (“Account”). Account registration requires you to submit to SpotOn certain personal information, such as your first and last name, physical address, email address, telephone number, work history and related information, the debit card number associated with the account where you want your tips deposited (“Bank Account”), and any additional information required by SpotOn during or after enrollment. If you have a joint Bank Account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You further agree, subject to applicable law, that you will indemnify and hold SpotOn harmless from any claims by any other owner of the Bank Account. If you want to change your Bank Account, you can update your information on the App.

   In addition, prior to using the Services, SpotOn or its partners may be required to verify your identity. You authorize SpotOn or its partners to make any inquiries it considers necessary to validate your identity. These inquiries may include asking you for further information or documentation, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or SpotOn cannot verify your identity, SpotOn can refuse to allow you to use the Services.

   If you fulfill all of these preliminary criteria and are not otherwise in violation of this Agreement, you may choose to enroll in the ETT portion of the Services. During your enrollment, provided you comply with this Agreement and subject to the Programmatic Limit outlined below, SpotOn will deliver Tips to you as approved by Employer as an ETT, at the frequency and speed of your choosing, except when the Services are unavailable. Fees may apply as described below:

   1. SpotOn Debit Card. You may apply for a SpotOn-branded prepaid card issued by Sutton Bank, member FDIC (“Card”). If you apply for and receive a Card, you can receive an ETT to your Card. Your use of the Card is subject to your agreement to the terms provided by Sutton Bank, including your agreement to any fees Sutton may impose in connection with your use of the Card. SpotOn will not charge a fee for receipt of an ETT into the Card. Caution: Issuance and continued use of the Card is subject to the sole discretion of Sutton Bank. If Sutton Bank closes or suspends your Card for any reason or blocks incoming deposits, your receipt of an ETT may be delayed.
   2. Fast and Automatic Enrollment
      • Automatic Transfers - Instant Delivery (Fee). When you select this option, we will deposit your ETT into your Bank Account every day you have at least $25 in accrued tips up to any Programmatic Limit. Each time your Tips are delivered via Instant Delivery, we will deduct a fee of the greater of $0.95 or 1 percent of the ETT amount, up to a maximum of $2.95 per day. If you enroll, we will process disbursements via the Instant Delivery method until you cancel your enrollment.
      • Manual Transfers - Instant Delivery (Fee). Each time you select this option, we will deposit your ETT into your Bank Account if less than the Programmatic Limit. Each time your Tips are delivered via Instant Delivery, we will deduct a fee of the greater of $0.95 or 1 percent of the ETT amount, up to a maximum of $2.95 per day. You must have at least $25 in accrued tips to select this option.
      • Automatic Transfer - End-of-Pay-Period (Free). At the end of your pay period, all remaining accrued tips eligible for transfer not otherwise provided via one of the above options, will be automatically transferred to your Bank Account by your regular payday. There is no fee or minimum transfer amount for this transfer.
      • On Demand Enrollment
        • Manual Transfers - 3-day Option (Free). When you select this option, you will receive accrued ETTs via a transfer to your bank account. Each ETT will include all Tips, up to the Programmatic Limit, accrued since the last ETT up until you authorize the transfer. You must have at least $25 in accrued Tips to select this option. You can use this option once every three days. You cannot select this method if you are enrolled in the Fast and Automatic Enrollment (described above).
        • Manual Transfers - Instant Delivery (Fee). Each time you select this option, we will deposit your ETT, up to the Programmatic Limit, into your Bank Account. Each time your Tips are delivered via Instant Delivery, we will deduct a fee of the greater of $0.95 or 1 percent of the ETT amount, up to a maximum of $2.95 per day. You must have at least $25 in accrued tips to select this option.
        • Automatic Transfer - End-of-Pay-Period (Free). At the end of your pay period, all remaining accrued tips not otherwise provided via one of the above options, will be automatically transferred to your Bank Account by your regular payday. There is no fee or minimum transfer amount for this transfer.

   Any ETT you receive will be deducted by your Employer from your next scheduled paycheck and remitted by your Employer to SpotOn. If this deduction fails, it will be attempted from two additional paychecks. If the deduction is unsuccessful, your enrollment in the Services may be terminated. Eligible ETT amounts that have not been disbursed are reflected in the App balance; there may be a delay of up to one hour or longer between when the Employer or its agent submits and confirms data and that data is reflected in the App. ETT amounts are removed from the App balance once disbursed. Not all of your Tips may be available via the Services. Your eligible ETT amounts are subject to programmatic limitations imposed by SpotOn, your Employer, or applicable law. Please see the App for details on available ETT amounts. To protect the integrity of its systems and to limit fraud, SpotOn reserves the right to impose limits in the maximum amount of Tips available as an ETT (“Programmatic Limit”).

   You will remain enrolled in the ETT portion of the Services until you cancel your enrollment. To cancel your enrollment, please unsubscribe in the App or contact us at support@spoton.com.

   You agree to maintain accurate, complete and up-to-date Account information in your Account at all times. You understand that, pursuant to the SpotOn privacy policy, we may share your data with third parties as necessary to provide the Services to you. SpotOn is not responsible for any payment processing errors or fees or other Service-related issues arising from your failure to keep your Account information current. The following occurrences may result in your inability to access and use the Services or SpotOn’s termination of your Account and this Agreement:

   • If you fail to maintain accurate, complete and up-to-date Account information or Bank Account information.
   • If your Employer cancels its participation in the Services or if your employment is terminated.
   • If you have previously received an ETT for which SpotOn has not received reimbursement from your Employer
   • You violate these Terms.
   • If you are delinquent in payment of any processing fees.
   • If your Bank Account is currently or was very recently overdrawn or otherwise not in good standing.
   • The suspension or cancellation of your Card.

   Notwithstanding the foregoing, SpotOn may at any time terminate this Agreement or generally cease offering or deny access to the Services or any portion thereof with respect to you, at any time for any reason or no reason including but not limited to if you have a failed payroll deduction. You agree that SpotOn will not be liable to you or any third party for any termination of your access to the Services.

   Further, and subject to applicable law, your access and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that SpotOn, in its sole discretion, may elect to take. Subject to applicable law, in no event, will SpotOn be liable to you or any other party for any loss, cost, or damage that results from any period of downtime of the Site, App or Services.

4. Your Agreement with Us.

   To use the Services, you warrant that:

   • You hold all legal right, title, and interest to and in any Tips we agree to pay to you, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Tips to any third party;
   • The Tips are presently and unconditionally owed and have not been modified, dismissed, settled, or paid; and represent the amount owed by your Employer arising solely from your actual and timely provision to your Employer in the ordinary course of business of lawful services, which you have accurately recorded and described to your Employer;
   • The Tips are not subject to any dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and
   • There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the Tips or their underlying services

   If you cannot satisfy this Section 4, please immediately cancel your enrollment in the Services. Subject to applicable law, SpotOn reserves the right to terminate the Services if you are found to be in breach of any of the warranties contained in this section.

5. Security and Unauthorized Access

   You will need to create a username and password to access your Account and the Services. You shall not give or make available passwords or other means of accessing your Account or the Services to any third party. If you give someone your username and password, you are authorizing that person to use your Account, and you are solely responsible for all transactions that person performs, even if you did not want them performed, and even if they are fraudulent. You must notify SpotOn’s customer support immediately upon any suspicion that a password has been lost or stolen or that someone has attempted or may attempt to make ETT requests or otherwise use the Services without authorization. Subject to applicable law, SpotOn will not have any liability to you for any unauthorized transfer made using your password that occurs before you have notified SpotOn of possible unauthorized use and SpotOn has had a reasonable opportunity to act on that notice. Accordingly, you should log into your Account regularly and review your transaction history for unauthorized transactions or access. Subject to applicable law, you agree to be bound by transactions initiated in compliance with these procedures, whether or not authorized, unless you have given SpotOn prior notice of possible unauthorized use as described above and SpotOn has had a reasonable opportunity to act on such notice.

6. Account Errors and Questions

   If you have any questions or concerns about your use of the Service, please contact us at support@spoton.com.

7. Rights Granted to SpotOn

   By submitting information, data, passwords, usernames, other log-in information, materials and other content to SpotOn through the Services, you are licensing that content to SpotOn solely for the purpose of providing the Services. SpotOn may use and store the content for the purpose of providing the Services to you. By submitting this content to SpotOn, you represent that you are entitled to submit it to SpotOn for use for this purpose, without any obligation by SpotOn to pay any fees or other limitations.

   To provide the Services, SpotOn will need to retrieve the amount of earned but unpaid Tips, your upcoming employment schedule, and other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third Party Account Information”). SpotOn may work with one or more third-party service providers to access this Third Party Account Information. By enrolling in SpotOn, you authorize SpotOn to access this Third Party Account Information and you expressly authorize such third parties to disclose your information to SpotOn. YOU ACKNOWLEDGE AND AGREE THAT WHEN SPOTON IS ACCESSING AND RETRIEVING THIRD PARTY ACCOUNT INFORMATION FROM THIRD PARTIES, SPOTON IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You agree to keep your passwords and usernames for this Third Party Account Information up to date in your Account. SpotOn does not review the Third Party Account Information for accuracy, legality or non-infringement. SpotOn is not responsible for the safety and security of any Third Party Account information. SpotOn is not responsible for the conduct, acts, omissions, products, or services of any third-party sites.

   1. Authorization for Credits and Debits

      If you request an ETT, you authorize SpotOn to electronically credit your Bank Account for an ETT (less any applicable processing fees for any instant same day funding or next business day funding requests of an ETT). Additionally, you also authorize SpotOn to electronically debit your Bank Account to correct erroneous credits or to reimburse SpotOn for any test transaction amounts. SpotOn reserves the right to process credit and debits via ACH, Visa Direct, or other methods as it may use from time-to-time. Any debits will be limited to the amount of the test transaction or the amount necessary to correct the error and will be conducted as soon as the test is complete or the error is detected.

      You acknowledge and agree that the initiation and transmission of each credit and debit may be subject to, and made in accordance with applicable Laws. In addition to any of your other representations and warranties in this Agreement, you represent that: (a) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (b) the transactions you hereby authorize comply with applicable Laws.

      The electronic authorization contained herein represents your written authorization for transactions as provided herein and will remain in full force and effect until the closure or termination of your Account or until you notify SpotOn that you wish to revoke this authorization by emailing SpotOn at support@spoton.com, and providing SpotOn a reasonable opportunity to act on it. When you email, please include the name and telephone number associated with your Account.

      In addition, if SpotOn reasonably believes that you are using the Services or the App to engage in criminal activity including but not limited to committing identity theft, fraud or other illegal activity, SpotOn will use the legal options available to it.

8. License to SpotOn Content

   Subject to your compliance with this Agreement, during the term of this Agreement, SpotOn grants you a personal, limited, non-exclusive, non-sub-licensable and non-transferable license to access and use the Site, the Services, the App and any information, data, text, images, content, materials, software, and features generated, provided or otherwise made accessible on or through the Site, the Services or the App (collectively, “SpotOn Content”) solely for your use of the Services and at all times in accordance with this Agreement. All SpotOn Content is the proprietary information of SpotOn or its licensors protected by copyright, trade secret and other intellectual property laws, and shall remain SpotOn’s property or the property of SpotOn’s licensors. Any rights not expressly granted herein are reserved by SpotOn and SpotOn’s licensors. This Agreement does not give you any rights in SpotOn’s or its licensors trademarks or service marks. SpotOn may terminate the licenses granted to you in this Agreement at any time for any reason or no reason. All licenses granted to you in this Agreement are conditioned on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition herein.

9. Restrictions on Use

   You will not, and will not permit any third party to, directly or indirectly, (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the SpotOn Content, except to the limited extent applicable Laws specifically prohibit such restriction; (b) modify, translate, or otherwise prepare derivative works based on SpotOn Content or any part thereof; (c) make any copies of SpotOn Content; (d) use any portion of the SpotOn Content as a component of, or basis for, a database prepared for use by you or any third party or otherwise use any portion of the SpotOn Content except as expressly provided in this Agreement; (e) publish, distribute, license, rent, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the SpotOn Content or use the SpotOn Content to provide time sharing or similar services for any third party; (f) link to, mirror or frame any portion of the SpotOn Content; (g) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the SpotOn Content or unduly burdening or hindering the operation and/or functionality of any aspect of the SpotOn Content; (h) run any form of auto-responder or “spam” on any SpotOn Content; (i) use manual or automated software, devices, or other processes to “crawl” or “spider” on any SpotOn Content; (j) remove, circumvent, disable, damage or otherwise interfere with security-related features of the SpotOn Content, features that prevent or restrict use or copying of any content accessible through the SpotOn Content, or features that enforce limitations on use of the SpotOn Content; (k) input, upload, transmit or otherwise provide to or through SpotOn Content any information or materials that is unlawful or injurious, or contain, transmit or activate any harmful code; (l) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner SpotOn Content, or provision of services to any third party; (m) remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any portion of the SpotOn Content, including any copy thereof; (n) access or use SpotOn Content to communicate any message or material that is harassing, libelous, threatening, obscene or would violate the copyright or other intellectual property right or privacy right of any person or is otherwise unlawful or that would give rise to civil liability or that constitutes or encourages conduct that could constitute a criminal offense under any applicable Law; (o) access or use SpotOn Content for purposes of competitive analysis or the development, provision or use of a competing software service or product or any other purpose that is to SpotOn’s detriment or commercial disadvantage; (p) attempt to gain unauthorized access to or impair any aspect of the SpotOn Content or its related systems or networks; or (q) otherwise use the SpotOn Content except as expressly allowed under this Agreement.

   Neither title to nor intellectual property rights in the SpotOn Content are transferred to you by access to or use of the Services. You may choose to submit suggestions, comments, or ideas about the SpotOn Content, including without limitation about how to improve the Content (“Suggestions”). By submitting a Suggestion, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SpotOn under any fiduciary or other obligation, and that SpotOn is free to use the Suggestion without any additional compensation to you, and/or to disclose the Suggestion on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, SpotOn does not waive any rights to use similar or related ideas previously known to SpotOn, or developed by its employees, or obtained from sources other than you.

10. Your Conduct

    You are responsible for all of your activity in connection with the Services. You agree to comply with all applicable Laws in connection with your use of the Services. In addition, you will not, and will not permit any third party to, either (a) take any action, or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:

    • is unlawful, fraudulent or deceptive;
    • you know is false, misleading, untruthful or inaccurate;
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any Law or contractual duty;
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of SpotOn or of any third party;
    • impersonates any person or entity, including any of SpotOn’s employees or representatives; or
    • includes anyone’s identification documents or sensitive financial information, except as explicitly permitted under this Agreement.

    SpotOn reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable Law or governmental request, (ii) enforce this Agreement, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SpotOn, its users or the public.

11. Account Cancellation and Termination

    This Agreement, including any revisions, will remain in effect as long as you continue to access and/or use the Services. You may cancel your Account at any time by unsubscribing in the App or contacting us at support@spoton.com. Upon termination of your Account, you must immediately stop using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, dispute resolution procedures, and limitations of liability.

12. ETT Processing

    The timing of the delivery of your ETT depends on the service and speed selected (see Section 3 above). Only those funds available in your DayCheck Program wallet can be accessed via an ETT transaction. The chart below specifies the timing and any fees, if applicable:

    ETT Type	Typical Speed	Minimum Transfer Amount
    Manual Transfers - 3-day Option (Free)	within 3 days	$25
    Manual Transfers - Instant Delivery (Fee)	within 30 minutes	$25
    Automatic Transfers - Instant Delivery (Fee)	within 30 minutes of scheduled delivery time; once per day	$25
    Automatic Transfers - End-of-Pay-Period (Free)	On or prior to payday	None
    SpotOn Prepaid Card (free, if eligible and enrolled)	within 30 minutes	None

    Actual speed depends on service availability. Once SpotOn receives the required approval from your Employer, SpotOn will authorize transmission of funds to your Bank Account. Your Employer may provide this approval to us at the end of a shift or at another time; we are not responsible or liable if your Employer is delayed in providing this approval to us. However, (i) SpotOn notes that fraud or other compliance concerns may cause a delay in your receipt of funds and (ii) the financial institution that holds your Bank Account may take additional time to deposit the funds into your Bank Account. SpotOn cannot guarantee the timely delivery of funds as a result of a failure of another financial institution or service provider to act in a timely manner or other events beyond its control. In addition, prior to your first transaction, SpotOn may need to validate and register the debit card issued that is associated with your Bank Account (the “Debit Card”). If the Debit Card cannot be validated, your enrollment may be canceled. In order to validate the Debit Card, SpotOn may process a test transaction for a nominal amount to your Bank Account. If the test transaction is completed, SpotOn will, in a separate transaction, debit the test amount from your Bank Account prior to funding the ETT associated with the Instant Funding Request. By authorizing SpotOn to enroll you in the Program, you represent and warrant that you have a positive balance in your Bank Account. If you have a negative balance in your Bank Account, you may be subject to bank fees if SpotOn debits the test amount.

    Please note that SpotOn does not charge interest. Your Employer will only deduct the exact amount of the ETT provided and any related fees from your paycheck. All determinations of Tips due to be paid to you is dependent on the accuracy and completeness of data provided by your Employer. SpotOn is not responsible for the accuracy or completeness or delay in receipt of information received from your Employer, nor is it responsible for the consequences of any such information being incomplete, inaccurate, not current or otherwise deficient. You may be liable for fraud or other misconduct, if, after receiving an ETT you falsely or inaccurately notify SpotOn, your Employer or payroll provider that you did not receive all or a portion of your earned Tips through your use of the Services.

13. Links to Third Party Services

    The Site may contain links to other third party websites, services or resources on the Internet, or other websites, services or resources may contain links to the Site or the Services. These other resources are not under SpotOn’s control, and you acknowledge that SpotOn is not responsible for the content, functions, accuracy, legality, appropriateness, accessibility, practices or any other aspect of such websites, services or resources. When you access third party resources on the Internet, you do so at your own risk. The inclusion of any such link to a third party website, service or resource does not imply SpotOn’s endorsement of the offerings of any of their operators or any association between it and their operators. You further acknowledge and agree that SpotOn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website, service or resource.

14. Service Updates

    The Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services. Such updates may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services. Such updates shall be subject to the terms and conditions of this Agreement.

15. Warranty Disclaimer

    THE SERVICES AND ALL OTHER SPOTON CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPOTON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES. SPOTON MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR OTHER SPOTON CONTENT, THAT THE SERVICES OR OTHER SPOTON CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR OTHER SPOTON CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPOTON FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. SPOTON CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SPOTON MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SPOTON, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES OR OTHER SPOTON CONTENT. SPOTON MAKES NO WARRANTIES THAT YOUR USE OF SPOTON CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY REGARDING THE SERVICES OR OTHER SPOTON CONTENT BY ANY THIRD PARTY IN CONTRAVENTION OF THE FOREGOING STATEMENTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES OR OTHER SPOTON CONTENT REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPOTON, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, DATA, USE, GOODWILL, PROFITS, OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS. SPOTON WILL NOT BE LIABLE FOR ATTORNEYS’ FEES, EXCEPT AS REQUIRED BY LAW.

    NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT WILL THE TOTAL LIABILITY OF SPOTON AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR REPRESENTATIVES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $500.

    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, FRAUD, FRAUDULENT INDUCEMENT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, WILLFUL OR WANTON CONDUCT, OR ANY OTHER BASIS, EVEN IF SPOTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. The Services are Available in the U.S. Only.

    The Services are controlled and operated from facilities in the United States. SpotOn makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals located in the United States.

18. Indemnity

    You agree to defend, indemnify and hold SpotOn, its subsidiaries, affiliates, licensors, content providers, suppliers, employees, contractors, officers, directors, and representatives (the “Indemnified Parties”) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), arising out of or in connection with: (i) your use and access of the Site, the Services or other SpotOn Content; (ii) any actual or alleged breach of your representations, warranties or obligations set forth in this Agreement; (iii) your violation of any applicable Law; (iv) your violation of the rights of any third party; (v) the actions or inactions of any third party to whom you grant permission to use your Account or the Services on your behalf; or (vi) any other party’s access and use of your Account or the Services with your unique login and password.

    You and SpotOn acknowledge and agree that each of the Indemnified Parties and their successors and assigns are intended third-party beneficiaries of this Agreement and that, upon your acceptance of this Agreement, each Indemnified Party will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you, including but not limited to those terms pertaining to disclaimers, waivers, limitations of liability, arbitration, and indemnification, as a third-party beneficiary thereof. Except as expressly stated herein, including the rights of the Indemnified Parties, there are no other third-party beneficiaries to this Agreement.

19. Service Modifications / Suspensions

    SpotOn reserves the right at any time in its sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Site, App or Services (or any features or portions thereof, including any applicable fees), with or without notice to you. You agree that SpotOn shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, App or Services or any part thereof.

20. Governing Law and Jurisdiction

    This Agreement and any disputes arising under or related to this Agreement will be governed by U.S. federal law and the laws of the State of California, without reference to its conflict of law principles. Subject to and without waiver of the Agreement to Arbitrate set forth below, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue of the state courts in Los Angeles County, California, or federal court for the Northern District of California.

21. 21.   DISPUTE RESOLUTION

    PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

    • Agreement to Arbitrate

      Except as explicitly provided in section 21.C, any dispute, claim, disagreement, or controversy (whether or not such dispute or claim involves a third party), relating in any way to your Account, your use of the Services, SpotOn Content, a product offered or provided by or through the Services, or otherwise arising out of or relating to this Agreement, the Services or the SpotOn Content (“Dispute”) that cannot be resolved directly between you and SpotOn through the Pre-Arbitration Dispute Resolution and Notification procedures described below shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (collectively, the “AAA Rules”) then in effect, except as otherwise modified by this Agreement to Arbitrate. The AAA Rules are available at www.adr.org. Since you are accessing the Services through an employer sponsored plan, you acknowledge and agree that your employer is a third-party beneficiary of this Agreement to Arbitrate.

      The Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of this Agreement to Arbitrate. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement to Arbitrate as a court would. All issues are for the arbitrator to decide. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT.

      • Arbitration Procedures

        Either you or SpotOn can initiate arbitration. The arbitration will be conducted by a single arbitrator appointed by the AAA. SpotOn agrees that any required arbitration hearing may be conducted, at your option either (a) in the county where you reside; (b) in Los Angeles County; or (c) in any other location to which you and SpotOn both agree. The arbitration may be conducted in person, by phone, by video conference, or a hybrid of both in-person and remote (video or telephonic) attendance. Even if the arbitration is conducted in person, any witness may appear by telephone or video unless the parties agree otherwise. All claims or counterclaims which do not exceed $10,000 shall be resolved solely on submission of documents and briefs/written arguments to the arbitrator.

        The arbitrator will decide the substance of all Disputes in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. Either party may request the arbitrator's award include a reasoned decision for the award. The award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

      • Costs of Arbitration

        Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less (including any claims for attorneys' fees whether recoverable under this Agreement or not), at your request, SpotOn will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by SpotOn should be submitted by mail to the AAA along with your Demand for Arbitration and SpotOn will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse SpotOn for all fees associated with the arbitration paid by SpotOn on your behalf that you otherwise would be obligated to pay under the AAA Rules.

    • Pre-Arbitration Dispute Resolution and Notification

      We hope that neither party has a dispute with the other party. If there is a dispute, however, neither you nor we may commence, join, or be joined to any proceeding arising from the other party’s actions relating in any way to your account or alleging that the other party has breached any provision of, or any duty owed by reason of, any agreement with us, until you or we have notified the other party pursuant to the notice procedures for the informal dispute-resolution process described in this section, and have given the other party a reasonable period to take corrective action (if corrective action is appropriate). Prior to initiating an arbitration, you and SpotOn therefore each agree to notify the other party of the Dispute (“Notice of Dispute”) and attempt to first negotiate an informal resolution. This applies to any conduct, fee, claim, breach, or duty accruing before or after the effective date of this agreement. You and we agree that a reasonable period to take corrective action will be 60 days from the date the required notice was given unless applicable law specifies a shorter period for corrective action to be taken, in which case the time specified under applicable law will be deemed to be reasonable for purposes of this section. You must provide this notice once you become aware of a claim and within the time required under applicable law. All notices given in connection with this informal dispute resolution process by either you or us must be in writing, signed by the party providing notice, and with a detailed explanation of the factual basis for any alleged claim that allows the other party sufficient information to take corrective action. If we provide notice to you in connection with this informal dispute-resolution process, the notice will be considered to have been given to you when it is mailed to your address by first-class mail or when it is actually delivered to your address (or via online portal or email) if sent by other means. The notice address will be the address associated with your account at the time of the notice. There may be only one designated notice address under this informal dispute-resolution section at any one time. Any notice you provide to us shall be given by delivering it or by mailing it by first-class mail to the following address: Informal Dispute Resolution Process, Attention: Legal, 100 California Street, 9th Floor, San Francisco, CA 94111. Notice will be considered given when we actually receive the notice. After the 60-day period for reasonable notice is complete, if the other party has not yet taken corrective action, this informal dispute resolution process is not complete until the party providing notice has spoken to the other party at least once either on the telephone or in person through the contact information provided herein (for us) or associated with the account (for you). If either side makes three unsuccessful attempts at oral contact without success, and can document those attempts, and if the dispute remains unresolved despite compliance with the requirements of the informal dispute resolution process herein, then the obligations of this informal dispute resolution process have been met. If any notice required by this informal dispute-resolution process is also required under applicable law, the applicable law requirement will satisfy the corresponding notice requirement under this informal dispute-resolution process. Notwithstanding the arbitration provision below, either party shall have the right (but not the obligation) to request that a court determine whether the other party has complied with this Informal Dispute Resolution Process. If either party makes a settlement offer in connection with this Informal Dispute Resolution Process, and the other party rejects that offer and pursues litigation in the relevant forum, then if the rejecting party obtains relief less than or equal to the settlement offer, the offering party shall be entitled to reasonable attorneys’ fees (if any), to the extent allowed by law. If the parties are unable to reach a resolution during that thirty (30) day period, the party intending to pursue arbitration must notify the other party of that party's intent to initiate arbitration (“Notice of Intent to Arbitrate”). The party pursuing arbitration must provide Notice of Intent to Arbitrate at least fifteen (15) days prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the AAA Rules.

    • Exceptions to Agreement to Arbitrate and Pre-Arbitration Dispute Resolution and Notification

      You and SpotOn agree that the following Disputes are not subject to the Agreement to Arbitrate or the Pre-Arbitration Dispute Resolution and Notification procedures and must be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack), whether or not the underlying claim supporting injunctive relief is subject to the Agreement to Arbitration and Pre-Arbitration Dispute Resolution and Notification procedures.

    • CLASS ACTION WAIVER

      YOU AND SPOTON EACH AGREE THAT ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, WHETHER THE DISPUTE IS BROUGHT THROUGH ARBITRATION, IN A COURT OF LAW, OR THROUGH ANY OTHER DISPUTE RESOLUTION FORUM. UNLESS BOTH YOU AND SPOTON AGREE OTHERWISE, NEITHER AN ARBITRATOR, A COURT, NOR ANY OTHER DISPUTE RESOLUTION MASTER MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ANY RELIEF AWARDED (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) MUST BE ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SPOTON USERS.

    • JURY TRIAL WAIVER

      TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF, FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH YOU AND SPOTON WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE TO PROCEED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION SUBJECT TO THE ABOVE CLASS ACTION WAIVER. THE PARTIES HEREBY APPOINT THE ARBITRATOR THE EXCLUSIVE POWER TO RULE ON ANY CHALLENGES TO THE REQUIREMENT FOR THE USE OF ALTERNATIVE DISPUTE RESOLUTION PROCESS IN THIS AGREEMENT TO ARBITRATE.

    • SEVERABILITY

      If any part of this Dispute Resolution provision is determined to be invalid or unenforceable, whether by an arbitrator or a court, the other parts of this provision shall still apply and remain in full force and effect. If a court or arbitrator decides that the Class Action Waiver is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. These arbitration provisions will survive the termination of your relationship with SpotOn.

22. Notices

    SpotOn may give notice by means of a general notice on the Site, by electronic mail to the email address on record in your Account, by posting in your Account, or by written communication sent by first class mail to the address of record in your Account. Such notice shall be deemed given immediately upon posting to the Site or to your Account, six (6) hours after sending by electronic mail, or forty-eight (48) hours after sending by first class mail. Except as provided herein, you may give notice to SpotOn by delivery by nationally recognized overnight delivery service or first-class mail to SpotOn at the address listed below under “For More Information.” Such notice shall be deemed given when received by SpotOn.

23. Statute of Limitations

    Subject to applicable law, any Dispute brought by you against SpotOn or SpotOn’s affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

24. Headings

    Headings in this Agreement are used for convenience or reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.

25. Assignment of Rights

    You may not assign your rights and obligations under this Agreement to any third party without SpotOn’s prior written consent. Any attempted assignment or transfer in violation of this paragraph will be null and void. SpotOn may assign its rights or delegate its obligations hereunder without notice to you and without your consent. Subject to the foregoing restrictions, this Agreement shall inure to the benefit of the successors and permitted assigns of the parties.

26. Severability

    If any clause or provision set forth in this Agreement is held to be illegal, invalid or unenforceable by a court, such clause or provision shall be struck and the remaining clauses or provisions of this Agreement will remain in effect to the fullest extent permissible by law. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.

27. Miscellaneous

    No delay or failure to enforce any provision of this Agreement shall constitute a waiver of any other or subsequent default or breach.

    Except as expressly set forth in the Agreement, the exercise of any remedy under this Agreement will be without prejudice to other remedies available under this Agreement or otherwise.

    SpotOn shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, acts of third parties and other causes or events beyond SpotOn’s reasonable control.

    No joint venture, partnership, employment, or agency relationship exists between you, SpotOn or any third party provider of the Services as a result of this Agreement or use of the Services.

28. Entire Agreement

    This Agreement constitutes the entire agreement between the parties, and supersedes and replaces any and all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement.

29. Consent to Electronic Communications

    When you use the Services or send emails to SpotOn, you are communicating with SpotOn electronically. SpotOn may communicate with you by email or by posting notices on the Site or on your Account or through the App (to your mobile device) or the Services. You consent to receive communications from SpotOn electronically, unless and until you withdraw your consent as described below. You agree that all agreements, notices, disclosures and other communications that SpotOn provides to you electronically satisfy any legal requirement that such communications be in writing. You should print a paper copy of this Agreement and any communication that is important to you and retain the copy for your records. If you withdraw your consent to receive communications electronically, you may not use the Services.

    SpotOn reserves the right, in its sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which SpotOn provides electronic communications. SpotOn will provide you with notice of any such termination or change as required by Law.

    If you have registered an Account with SpotOn and you later decide that you do not want to receive future communications electronically, you must close your Account by contacting support@SpotOn.com and stop using the Services. There are no fees to close your Account with SpotOn. Any withdrawal of your consent to receive electronic Communications will be effective only after SpotOn has a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.

30. Consent to Short Message Service (SMS) Communications

    As part of your consent to electronic communications, you agree to receive SMS messages to each telephone number provided by you to SpotOn regarding the Services. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow SpotOn to contact you and to use the Services. As always, you agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

    Withdrawal of Consent to SMS Communications

    If you have registered an Account with SpotOn and you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from SpotOn by replying “STOP” to any message you receive from SpotOn. Upon receipt of your “STOP” message, SpotOn will send you a SMS message to confirm that you have been unsubscribed. At that point, you will no longer receive any further SMS messages from SpotOn.

31. Monitoring and Recording of Communications, App Usage, and Website Traffic

    You understand and agree that your access to and use the Site, the Services, the App, or any communications with SpotOn whether through the Site, any chat features on the Site, telephonic communications, or otherwise may be monitored and recorded by SpotOn and any of its affiliates, subsidiaries, agents, parents, vendors, or third party service providers. Any information obtained or recorded through your use of the Site, Services, App, or any communications with SpotOn are subject to SpotOn's privacy policy.

    You also understand and agree that consistent with the terms of SpotOn's Privacy Policy, SpotOn whether on its own or through services provided to SpotOn by any affiliates, subsidiaries, agents, parents, vendors, or third party service providers, may use devices, processes, equipment, software or programs, including, but not limited to, cookies and other devices, processes, equipment, software, or programs which may qualify as a pen register and/or trap and trace device to capture, record, or decode (1) any dialing, routing, addressing, or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, or (2) any incoming electronic or other impulse or signal that identifies the originating number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication.

32. For More Information

    If you have any questions regarding this Agreement, please contact SpotOn by sending an email to support@spoton.com.

    Notice to California Customers.

    SpotOn is registered with the Department of Financial Protection and Innovation (the “DFPI”) under the California Consumer Financial Protection Law (registration number 04-CCFPL-2242485-3618139). 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.

33. Notice to South Carolina Customers.

    You may 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.

34. Notice to Utah Customers.

    You may report complaints related to an earned wage access service provider to the Division of Consumer Protection, by calling toll-free at (800) 721-7233 or online at https://dcp.utah.gov.

35. Notice to Connecticut Customers.

    You may report complaints about the Service to the Connecticut Department of Banking via website at https://www.elicense.ct.gov/Activities/Complaint.aspx.