EWA Business Terms and Conditions

Addendum to SaaS Agreement

Earned Wage Access (EWA®) Program Terms of Service

The following terms apply to the provision of the Earned Wage Access (“EWA®”) Program, provided by TipHaus (“Company”, “we”, “our”) to Customer. This addendum (together with all schedules, exhibits, additional terms listed herein, and attachments (collectively, the “Addendum”)) is incorporated into the Agreement and supplements the terms and conditions in the Agreement as they relate to Company’s provision of Services to Customer.

RECITALS

WHEREAS, Company operates a technology platform that enables employees to access a portion of their earned but unpaid wages prior to their regularly scheduled payday; and

WHEREAS, Customer desires to make Company’s earned wage access program available to certain of its employees in the United States, and Company desires to provide such program, on the terms and subject to the conditions set forth in this Addendum.

NOW, THEREFORE, in consideration of the mutual promises set forth in this Addendum and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company and Customer agree as follows:

1. CERTAIN DEFINITIONS AND INCORPORATED TERMS

1.1 Unless otherwise set forth in this Addendum, definitions set forth in the Agreement shall have the same meaning as used in this Addendum. Additional definitions used in this Addendum are set forth in Annex A hereto.

1.2 This Addendum hereby incorporates the following additional terms and conditions into the Agreement, and supplements the terms and conditions in this Addendum related to the EWA Program:

Schedule A: Electronic Signature Consent;
Schedule B: Funds Availability Agreement;
Schedule C: ACH Authorization;
Schedule D: Privacy Notice;
Schedule E: Error Resolution Disclosure;
Schedule F: Truth in Savings;
Schedule G: USA Patriot Act;
Schedule H: HausDirect Terms of Use.

2. EARNED WAGE ACCESS (EWA®) PROGRAM

Customer hereby engages Company to make the EWA® Program available to Customer’s eligible employees. Company shall provide, and the Customer shall facilitate, the EWA® Program in accordance with this Addendum.

The EWA® Program calculates each Participating EWA Program Employee’s Available Earned Wages for the Active Pay Period and enables enrolled employees to request an Advance against a portion of those wages prior to the applicable payroll disbursement date. For each Pay Period, Company calculates, on an ongoing basis, the aggregate Available Earned Wages accrued by each Participating EWA Program Employee. Company shall fund all Advances, and Customer shall have no obligation to advance funds to eligible employees. Company may limit the amount of Advances available to any employee in its discretion and in accordance with applicable law.

Customer acknowledges that Company is not a payroll provider and will not process payroll, issue pay stubs, or collect or remit employment or other taxes on behalf of Customer or its employees. Company structures the EWA® Program as a non-recourse, non-credit product: Company shall not (a) charge interest or require any mandatory fee as a condition of access, (b) assess late fees or penalties against eligible employees, (c) report Advances to consumer reporting agencies, or (d) engage in debt collection activities or pursue legal action against any eligible employees to recover amounts that are not repaid through payroll deduction. Company may offer an optional no-cost disbursement method to eligible employees if required by applicable law.

2.1 Enrollment

In order to participate in the EWA® Program, Customer will be required to complete the Enrollment Process. In the Enrollment Process, Customer acknowledges and agrees that, as a precondition to access and use of features associated with the EWA® Program, it must:

Submit all Customer information reasonably requested by Company, or the Bank, to complete KYB verification;
Ensure all Business Owners submit all requested personal information related to, or in connection with, passing KYC verification, as requested by Company;
Establish a link with an External Account owned or controlled by Customer that will be used to fund Recoupment of the EWA® Program;
Configure, or authorize Company to configure on Customer’s behalf, the org-level Advance Percentage Limit and any employee-level eligibility criteria applicable to Customer’s workforce;
Permit Company to require, in its sole discretion, personal guarantees covering any Authorized Advances that Company makes on behalf of Customer to Participating EWA Program Employees, but for which Final Settlement is not received; and
Provide any other information reasonably required by Company or the Bank for the Enrollment for the use of the EWA® Program.

2.2 Grant of License

Following completion of the Enrollment Process, Company grants to Customer a limited, non-transferable, non-exclusive right to use the EWA® Program solely for Customer’s internal business purposes. The Company will provide Customer’s authorized personnel with access through accounts associated with unique credentials. Customer is responsible for the activity of its authorized users and shall promptly notify Company of any unauthorized use and of the termination of any authorized user’s access. The license rights granted in this Section 2.2 may be revoked by Company if Customer materially breaches any terms contained within this Addendum and fails to cure the same within five (5) days of receipt of written notice therefor.

2.3 Trademarks

Company and Customer grant each other a limited, non-exclusive license to use the other’s names and trademarks solely as necessary to perform this Addendum and in the form and manner approved by the owning party. All goodwill associated with such use shall inure to the owning party.

2.4 Employee Eligibility and Advance Parameters

(a) Employee-Level Eligibility: Customer may designate, and Company may independently verify, which employees are eligible to participate in the EWA® Program based on criteria made available within the TipHaus SaaS Platform (e.g., employment status, tenure, or standing). Company shall not select such eligible employees and shall not be liable for Customer’s selections. Company reserves the right to deny or suspend an individual employee’s eligibility at any time, including (i) where Company reasonably suspects fraud or abuse, (ii) where an employee has violated this Addendum, or (iii) as required by applicable law. Customer agrees to determine eligibility in a consistent and non-discriminatory manner consistent with applicable law.

(b) Org-Level Advance Percentage Limit: Customer may configure, within the TipHaus SaaS Platform, the maximum percentage of a Participating EWA Program Employee’s Available Earned Wages that may be advanced within an Active Pay Period (the “Advance Percentage Limit”), provided that the Advance Percentage Limit may not exceed fifty percent (50%) of Available Earned Wages (the “Program Maximum”).

(c) No Employee Overrid: No Participating EWA Program Employee may request, and Company will not disburse, an Advance in excess of the lesser of (i) the Advance Percentage Limit configured by Customer or (ii) the Program Maximum, in each case as calculated against that employee’s Available Earned Wages at the time of the request.

(d) Employer of Record: Customer represents and warrants that at all times during the term of this Addendum it is the employer of record of all eligible employees.

2.5 EWA Program Advances

(a) Employee Initiation: A Participating EWA Program Employee may, at any time during an Active Pay Period, request an Advance through the TipHaus SaaS Platform (or associated employee application). Company will calculate such employee’s then-current Available Earned Wages and permit a requested Advance up to the applicable limit described in Section 2.4.

(b) Fee Structure: A per-transaction fee may be charged at the time of each Advance subject to available disbursement methods that Company may make available to eligible employees from time to time. Certain of these methods may be provided by Company’s partners, may require employees to complete an application process, and may cause employees to incur fees.

(c) Disbursement: Upon approval of an Advance request, Company will disburse the requested funds instantly to the Participating EWA Program Employee’s selected payout method, subject to Company’s standard funds availability and fraud-prevention procedures described in Schedule B (Funds Availability Agreement).

(d) Employee Data: Prior to implementation and on a regular, recurring basis thereafter, Customer shall provide Company with the data elements reasonably requested by Company, in the format specified by Company, to enable Company to offer the EWA® Program to eligible employees. This data may include: (i) first and last name; (ii) Customer-issued employee identifier; (iii) work location; (iv) hire date; (v) employment status (including exempt/non-exempt and full-time/part-time status); (vi) compensation information, including hourly rate or salary; (vii) state of residence; (viii) email address; (ix) mobile telephone number; (x) pay frequency and pay dates. Customer warrants that it is permitted to share this data with Company.

(e) Authorized User Access: You acknowledge and authorize your Authorized User to access EWA® Program information and content within the TipHaus SaaS Platform, including aggregate and individual Advance activity, Available Earned Wages calculations, and Master Ledger balances associated with Customer’s locations.

2.6 Queueing and Master Ledger

Each Advance disbursed to a Participating EWA Program Employee during an Active Pay Period is recorded and queued, in real time, within a master ledger maintained by Company (the “Master Ledger”). The Master Ledger tracks, on a per-location and per-employee basis, the running total of all outstanding Advances disbursed during the Active Pay Period pending Recoupment. Customer, through its Authorized Users, may view the Master Ledger through the TipHaus SaaS Platform at any time.

2.7 Recoupment and Employer Settlement

(a) Recoupment Mechanism: At a customer-configured interval following the close of each Pay Period, Company will initiate a single, consolidated ACH debit from the account designated by Customer for each Customer location (the “Settlement ACH”) against Customer’s External Account in an amount equal to the aggregate total of all Advances disbursed to Participating EWA Program Employees at that location during the applicable Pay Period, as reflected in the Master Ledger (“Recoupment”). Recoupment is processed on a batch basis and is not itemized by individual employee at the time of debit.

(b) Cut-Off Window: Upon close or finalization of a Pay Period, the ability of Participating EWA Program Employees at the affected location(s) to request new Advances is immediately and automatically suspended (the “Cut-Off Window”) until the next Active Pay Period commences.

(c) Settlement ACH Initiation: The Settlement ACH is initiated at a customer-configured interval following the close of the applicable Pay Period.

(d) Timing Variability: Customer acknowledges that the timing of Recoupment is directly dependent on Customer’s payroll cadence (e.g., weekly, bi-weekly, or semi-monthly) and the configured interval following the close of the pay period.

(e) Unconditional Obligation to Fund: Customer’s obligation to fund the full amount of each Settlement ACH is absolute, unconditional, and irrevocable, and is not subject to any offset, counterclaim, or deduction, regardless of any dispute between Customer and a Participating EWA Program Employee regarding wages actually earned. Customer authorizes Company to initiate the Settlement ACH described in this Section 2.7 without further notice or authorization from Customer for each Pay Period in which one or more Advances were disbursed.

2.8 TipHaus ACH Failed or Late Recoupment

(a) Fees for Failed or Late Recoupment: In the event the Settlement ACH fails, is returned, or otherwise results in a balance owed to TipHaus, Company shall provide Customer with written notice and, if such notice is not acknowledged within the same business day and rectified within one (1) business day of the first occurrence (and by the end of the same business day for subsequent occurrences), Company may, in its sole discretion, take the following actions and charge the following applicable fees, which Customer acknowledges and agrees shall be deducted from Customer’s External Account and referenced on Customer’s TipHaus SaaS invoice as an EWA® Program Charge:

An immediate fee of ten percent (10%) of the total negative balance in the TipHaus EWA Business Account;
A daily fee of $50 USD for every day thereafter that the TipHaus EWA Business Account remains in negative balance;
After three (3) business days of a Settlement ACH remaining unrecouped on the first occurrence (and one (1) business day on subsequent occurrences), and after failed attempts by Company to collect the outstanding amount(s), Company may, in its sole discretion, suspend Customer’s and its employees’ access to the EWA® Program, including the ability to request new Advances, until all outstanding Settlement ACH balances are fully paid;
After ten (10) business days of a Settlement ACH remaining unrecouped, and after at least two (2) attempts by Company to collect the outstanding amount(s), Company may, in its sole discretion, pursue legal action, including referring Customer’s account to a third-party collection agency or initiating a lien on Customer assets; and
Require that Customer maintain a reserve deposit with Company, in an amount solely determined by Company but in no case less than the average of one (1) Pay Period’s worth of Advances, as a condition to continued participation in the EWA® Program.

(b) Error Resolution: In any case of errors or questions about Advances, the Master Ledger, or the Settlement ACH, Customer agrees to promptly contact support by email at support@tiphaus.com. Customer may be required to confirm the information in writing within ten (10) business days. For additional instructions on the process for submitting a dispute, reference our Error Resolution Disclosure.

(c) Account Closing: Upon written notice of termination of EWA® Program participation, referenced in Section 7 (Additional Termination), Customer authorizes Company to transfer any remaining balance of funds, including any residual amounts, to an External Account owned by Customer and actively linked. Any outstanding, unrecouped Advance amounts will be deducted from the final balance or otherwise remain due and payable by Customer.

(d) Death or Incompetence: Company may continue to honor any items submitted until (i) Company knows of the fact of a Business Owner’s death or of a legal determination of incompetence or incapacitation, and (ii) Company has had a reasonable opportunity to act on that knowledge. Company does not support Trust accounts or Powers of Attorney at this time.

(e) Customer Group’s Use of Services: Customer agrees that it will be responsible for ensuring that each entity included in the Customer Group complies with the requirements of this Addendum.

(f) Recipients’ Information: Subject to Company’s compliance with applicable laws and regulations, Customer agrees that Company and its subcontractors, vendors, and agents providing EWA® Program related services may disclose information to a Participating EWA Program Employee related to Company’s funding, Enrollment, and Advance information to the extent necessary to provide the EWA® Program to such employee, and may otherwise use or disclose such information solely with that employee’s consent, consistent with the Bank Terms and applicable privacy policy.

(g) Third-Party Beneficiary: Notwithstanding anything to the contrary in the Agreement, Customer acknowledges that the Bank, and its successors and assigns, may be a third-party beneficiary of this Addendum entitled to enforce, to the extent Company would be entitled to enforce, each provision of this Addendum, including the limitation of liability set forth below.

2.9 Changes to the EWA® Program

Company may modify or discontinue any element of the EWA® Program upon thirty (30) days prior written notice to Customer, unless a shorter notice period is required by applicable law or to address a material security vulnerability; provided that no such modification shall materially diminish Customer's rights or materially increase Customer’s obligations under this Addendum without Customer’s written consent.

2.10 Customer Support

(a) Company shall provide (a) customer support to employees with respect to the EWA® Program and (b) administrative support to Customer’s authorized personnel, in each case during Company’s normal business hours and in accordance with Company’s current support policies.

3. ADDITIONAL REPRESENTATIONS AND WARRANTIES

Customer represents, warrants, and covenants that:

It has any necessary third-party consents and authorizations related to the enrollment and participation of Customer employees in the EWA® Program, and their related personal information;
The Advance Percentage Limit, employee eligibility criteria, and any other org-level configurations submitted by Customer comply with all applicable wage-and-hour, consumer-protection, and earned-wage-access laws and regulations to which Customer is subject;
It will comply with all applicable laws, regulations, and policies in the access and use of the EWA® Program;
It has all rights necessary to provide the data described in this Addendum and grants Company all rights and licenses in such data necessary for the EWA® Program;
Its administrators with access to the EWA® Program are authorized to access employee information; and
It pays its employees in arrears and will provide Company at least thirty (30) days’ notice of any change in pay frequency or payroll provider.
Its External Account remains valid and that it will not issue a stop payment or related instruction to its bank that would prevent required payments set forth herein from occurring in a timely manner.
It holds, and will maintain, all licenses, registrations, and approvals required under applicable law to offer the EWA® Program in each jurisdiction where it is offered to Customer’s employees;
The EWA® Program, Agreement, and all fee disclosures and marketing materials provided by Company will comply with applicable law; and
It will provide the EWA® Program in a professional manner consistent with generally accepted industry standards.

4. PRIVACY

Use of the EWA® Program is also governed by our Privacy Policy, incorporated herein by reference. The Company’s Privacy Policy contains important disclosures about how the Company collects and uses business and personal information. By participating in the EWA® Program, you consent to the collection and use of your personal information as set forth in our Privacy Policy; provided, however, that in all events Section 5 of the Agreement shall govern our use of Customer Data.

5. Data Protection and Security

(a) Eligible Employee Data. With respect to eligible employee data, Company shall not: (a) sell or share (as such terms are defined under applicable Privacy Laws) eligible employee data; (b) retain, use, or disclose eligible employee data for any purpose other than for the EWA® Program, or as otherwise permitted by applicable law; (c) retain, use, or disclose eligible employee data outside of the direct business relationship between Company and Customer; or (d) combine eligible employee data with personal information that Company receives from or on behalf of other persons, except as permitted by applicable law.

(b) Participating Employee Data: Once an eligible employee enrolls in the EWA® Program and consents to the Agreement, Company shall process such employee’s personal information as an independent "business" or "controller" in accordance with Company's privacy policy and applicable law. The Customer and Company shall reasonably cooperate with each other in responding to any request by a participating employee to exercise his or her rights under privacy laws.

(c) Security: Company shall maintain a written information security program that includes administrative, technical, and physical safeguards appropriate to the nature of the data processed, consistent with ISO 27001 principles and subject to annual SOC 2 Type II (or equivalent) examination. All data exchanged under this Addendum shall be encrypted in transit and at rest. Upon Customer's request, not more than once annually, Company shall provide a copy of its most recent SOC 2 report or a summary thereof, subject to confidentiality obligations.

(d) Security Incidents: Company shall notify Customer without undue delay, and in any event within seventy-two (72) hours, after confirming any unauthorized access to or acquisition of eligible employee data in Company's possession or control, and shall reasonably cooperate with Customer in investigating and remediating such incident and in providing any notices required by applicable law.

(e) Return or Deletion: Upon termination of this Addendum and Customer's written request, Company shall delete or permanently de-identify all eligible employee data, except to the extent retention is required by applicable law or necessary to complete settlement of outstanding Advances.

6. FURTHER LIMITATION OF LIABILITY

The provisions of this Section 6 supplement the provisions of Section 10 of the Agreement.

(a) Liability for Interruptions and Delays: Neither Company, the Bank, nor any respective director, employee, contractor, supplier, or agent shall be liable for any damages to Customer, or to a Participating EWA Program Employee, arising from any decision to refrain from or delay in the disbursement of an Advance or the processing of a Settlement ACH, including due to: (i) Customer’s failure to provide necessary information; (ii) Customer’s failure or inability to satisfy the Enrollment requirements; or (iii) Company not receiving timely funds from Customer via the Settlement ACH as required herein.

(b) Customer Indemnification: Customer shall indemnify, defend, and hold harmless Company and the Bank from and against any losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (i) any claim to the extent arising from Customer’s alleged violation of employment, labor, wage and hour, or workplace harassment laws, except to the extent caused by the normal operation of the EWA® Program in accordance with this Addendum, and (ii) a failed, reversed, or delayed Settlement ACH, other than to the extent caused by Company’s or its subcontractor’s gross negligence or willful misconduct.

(c) NO CONSEQUENTIAL DAMAGES: IN NO EVENT WILL THE BANK, COMPANY, OR ANY OF COMPANY’S AGENTS OR SUBCONTRACTORS BE RESPONSIBLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHICH ANOTHER PARTY MAY INCUR OR EXPERIENCE ON ACCOUNT OF USING OR PROVIDING THE SERVICES, INCLUDING HAUSMONEY®, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(d) Company Indemnification: Company shall defend, indemnify, and hold harmless Customer and its indemnified persons from and against all losses arising from any claim to the extent arising from: (i) any security incident involving data in Company’s possession or control; (ii) the design or operation of the EWA® Program, the Agreement, fees, disclosures, or communications to employees, including any claim that the EWA® Program violates consumer lending, consumer protection, or EWA laws; or (iii) any allegation that the EWA® Program infringes or misappropriates any third party’s intellectual property rights.

7. ADDITIONAL TERMINATION

The provisions of this Section 7 supplement the provisions of Section 7 of the Agreement.

(a) Termination of the EWA® Program: Either Company or Customer may terminate EWA® Program Services upon ten (10) Business Days’ prior written notice to the other. In addition, Company may, upon provision of written notice (which may be sent by e-mail to support@tiphaus.com) to Customer describing the basis for termination, immediately terminate EWA® Program Services and this Addendum in the event: (i) Customer commits an act of bankruptcy or becomes the subject of any bankruptcy proceeding or becomes insolvent, or if any substantial part of Customer’s property becomes subject to any levy, seizure, assignment, application, or sale for or by any creditor or governmental agency; (ii) Company reasonably determines that Customer may be engaged in illegal activity or utilizing the EWA® Program in an illegal manner; (iii) Customer has any material adverse change in its financial condition that prevents or will prevent it from performing its obligations hereunder; or (iv) the Bank cancels Customer’s accounts and Customer is unable to rectify the issue and obtain alternative accounts within five (5) days’ written notice from the Bank.

8. Insolvency

(a) If Customer becomes insolvent, makes an assignment for the benefit of creditors, has a receiver, trustee, or liquidator appointed for substantially all of its assets, or becomes the subject of any voluntary or involuntary bankruptcy or insolvency proceeding, Customer shall notify Company within five (5) days, shall perform its obligations under this Addendum and the Agreement, and shall seek any court approval necessary to continue such performance. Customer acknowledges that amounts deducted from employees’ wages for remittance to Company are not property of Customer.

Annex A — Certain Defined Terms

"Account Owner" is the owner of an account at a financial institution, and owner of the money or securities contained in it.

"Active Pay Period" is the Pay Period currently in progress and not yet finalized, during which Participating EWA Program Employees may request Advances.

"Addendum" is as defined in the Preamble.

"Advance" is an authorized, instant disbursement of a portion of a Participating EWA Program Employee’s Available Earned Wages, made by Company on Customer’s behalf, subject to the limitations described in Section 2.4.

"Advance Percentage Limit" is the org-level maximum percentage of Available Earned Wages, configured by Customer and not to exceed the Program Maximum, that may be advanced to a Participating EWA Program Employee within an Active Pay Period.

"Authorized User" is a Customer employee or personnel member with active and authorized TipHaus account login credentials.

"Automated Clearing House (“ACH”) Funds Transfer Service" is a service that performs an electronic funds transfer between banks across the Automated Clearing House network.

"Available Earned Wages" is the portion of a Participating EWA Program Employee’s wages that have been earned, but not yet paid, as of the time of an Advance request, as calculated by Company based on data made available by Customer within the TipHaus SaaS Platform.

"Bank" is an FDIC-insured financial institution licensed to receive deposits and make loans.

"Bank Sponsor" is a federal or state chartered bank that provides deposit demand accounts for Company’s customers, and that is a member of the Visa and/or Mastercard card associations (or another approved bank card system) and processes credit and debit card transactions and provides related services on behalf of the Credit Parties.

"Business Days" are Monday through Friday, excluding U.S. national bank holidays, unless otherwise specified.

"Business Owners" have more than twenty-five percent (25%) ownership of the business.

"Cut-Off Window" is the period, beginning immediately upon close or finalization of a Pay Period, during which Participating EWA Program Employees at the affected location(s) are unable to request new Advances, as described in Section 2.7(b).

"Debit Card Funding" is a direct deposit of funds into a demand deposit account linked to a debit card.

"Direct Deposit" is the deposit of funds electronically into a bank account, rather than through a physical paper check, using the automated clearing house (ACH) network.

"Enrollment Process" is the set of instructions and activities Customer is expected to complete in order to allow TipHaus to verify the legitimacy, creditworthiness, and viability of Customer, its locations, and its Business Owners, and to establish the TipHaus EWA Business Account for Customer. Enrollment is a prerequisite to EWA® Program participation.

"EWA® Program" is the TipHaus Earned Wage Access Program.

"EWA® Program Charge" is a fee applied to one or more aspects of the EWA® Program service.

"External Account" is a checking account, savings account, debit account, or credit card account held by institutions other than Company, and registered for External Transfers.

"External Transfer" means a transfer of money between Company’s TipHaus EWA Business Account and another External Account.

"Final Settlement" is the designation placed on a Settlement ACH transaction once the funds have cleared and posted to the TipHaus EWA Business Account.

"Funding" is a transaction initiated for the purpose of moving money from one financial institution to another.

"HausDirect" is an alternative payout method through which a Participating EWA Program Employee may elect to receive an Advance to an External Account of the employee’s choosing, subject to the per-transaction fee described in Section 2.5(b).

"HausMoney® Checking Account" is the consumer demand deposit checking account issued to a Participating EWA Program Employee upon successfully signing up for HausMoney®. This is the account to which Customer’s TipHaus EWA Business Account transfers Advances and other funds Customer elects to issue to the employee at no cost to such employee.

"KYB" (Know Your Business) is the verification method used to determine whether Customer meets federal regulation and law requirements associated with anti-money-laundering compliance, as required by Company’s Bank Sponsor. A failed KYB verification will result in the inability of Customer to participate in the EWA® Program.

"Master Ledger" is the ledger maintained by Company that records and queues, in real time, all Advances disbursed to Participating EWA Program Employees during an Active Pay Period pending Recoupment, as described in Section 2.6.

"Participating EWA Program Employees" is an individual employed by Customer who is eligible for, and elects to participate in, the EWA® Program, and who may request and receive Advances either through HausMoney® or HausDirect.

"Participation" is the authorized ability to perform activities and tasks associated with the EWA® Program, available to Customer once it has successfully completed Enrollment and has not been suspended or denied the ability to participate.

"Pay Period" is a date interval established by Company, in its sole reasonable discretion, in the TipHaus SaaS Platform, that is used to determine the days for which earned-wage calculations, Advances, and Recoupment are calculated per Customer location.

"Program Maximum" is fifty percent (50%) of a Participating EWA Program Employee’s Available Earned Wages within the Active Pay Period, as described in Section 2.4.

"Recoupment" is the process by which Company recovers, via a single Settlement ACH per Customer location, the aggregate total of all Advances disbursed during a Pay Period, as described in Section 2.7.

"Settlement ACH" is the single-batch ACH debit initiated against Customer’s External Account, per location, to effect Recoupment for a given Pay Period.

"TipHaus SaaS Platform" means the Service provided pursuant to the Agreement.

"Transferred Funds" is the completion of a transfer of money from one bank account, debit card, or credit card to another, whether within a single financial institution or across multiple institutions, via electronic funds transfer (EFT).

"You" means the party, other than TipHaus, to this Addendum and to the Agreement.