Earned Wage Access (EWA®) Program Terms of Service
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SEE SECTION 22) THAT AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL, UNLESS YOU OPT OUT AS DESCRIBED BELOW. THESE TERMS ALSO LIMIT TIPHAUS’ LIABILITY TO YOU.
These Earned Wage Access (EWA®) Program Terms of Service (these "Terms") are an agreement between TipHaus, Inc. ("TipHaus," "we," "us," or "our") and you, an individual employee whom your employer ("Employer") has designated, or is considering designating, as a participating employee ("Participating Employee") under the TipHaus Earned Wage Access Program (the "EWA® Program"). In these Terms, "you" and "your" refer to you, individually. By enrolling in, electronically accepting, accessing, or using the EWA® Program, you agree to be bound by these Terms, our Privacy Notice, and any additional terms presented to you when you enroll in or use a particular feature, each of which is incorporated by reference. If you do not agree, do not enroll in or use the EWA® Program.
Definitions.
As used in these Terms:
1. The EWA® Program
(a) Program Description
The EWA® Program allows you to request, through the TipHaus Platform, an advance of up to 50% of your available Earned Wages within the Active Pay Period while working for your Employer, ahead of your Employer's regular payroll date, using the Designated Payout Method you select. Your Employer determines, calculates, sets organization-level percentage settings (up to 50%), and instructs the amount of Earned Wages available to you under the EWA® Program (your "Individual Available Payout"). This amount is calculated from the time, attendance, and payroll data your Employer provides to us. Your Individual Available Payout may not reflect recent work until we have received updated data from your Employer. TipHaus does not independently calculate, verify, or guarantee the accuracy of any wage calculation performed by your Employer. TipHaus is not responsible for inaccuracies in, or delays in receiving, data provided by your Employer.
(b) Not a Loan or Extension of Credit
The EWA® Program only pays you amounts you have already earned as wages for work you have already performed for your Employer. It is not a loan, debt that you owe us, cash advance, line of credit, or other extension of "credit." The EWA® Program is not subject to the federal Truth in Lending Act or its implementing Regulation Z. Without limiting the foregoing: (i) No Advance Against Future Earnings: We will only pay you a portion of the wages you have already earned as of the time of a Payout. The EWA® Program does not pay amounts based on estimates or projections of future, unearned, or anticipated wages. (ii) No Interest or Finance Charge: We do not charge interest on any Payout, and we do not impose any fee that is calculated based on the length of time before your regular payday or your ongoing use of the EWA® Program. (iii) No Tips or Donations: We do not solicit, request, or accept tips, gratuities, or donations to be paid to TipHaus in connection with the EWA® Program, and the availability and terms of the EWA® Program are not contingent on any tip, gratuity, or donation. (iv) No Obligation to Repay; No Recourse: Because a Payout only ever reflects wages you have already earned, you owe nothing back to TipHaus as a result of receiving a Payout, and you have no repayment obligation to TipHaus in connection with the EWA® Program. The amount of your Payout, and any fees, will be deducted from your regular paycheck via a payroll deduction. Those funds are then sent by your Employer to TipHaus. We will not pursue collection activity against you, refer any amount relating to your Payouts to a collection agency, or take any legal action against you based on your use of the EWA® Program. If a Payout is not recovered through payroll deduction for any reason, including because your Employer does not pay your wages, you will not owe us any amount, although we reserve the right to limit your ability to use the EWA® Program in the future. This paragraph does not waive our right to commence legal action against you if you engage in fraud with respect to TipHaus or the EWA® Program. (v) No Credit Check or Credit Reporting: We do not perform a credit check on you in order to enroll you in, or allow you to use, the EWA® Program. We do not require a credit report or a credit score. Your use of the EWA® Program is not furnished to, and will not affect, any consumer credit report or credit score. (vi) Voluntary Participation: Your participation in the EWA® Program is completely voluntary. Your Employer has agreed with TipHaus that it will not condition your employment, continued employment, or your right to receive wages you have earned on your enrollment in the EWA® Program, and that it will make available to you, at all times, an alternative, legally compliant means of receiving your wages (typically, through its regular payroll process) that does not require you to participate in the EWA® Program. TipHaus is not your payroll provider; any concerns about receipt of your wages should be directed at your Employer.
2. Eligibility and Enrollment
(a) Designation by Your Employer
You may access and use the EWA® Program only if your Employer has designated you as an eligible Participating Employee and you have completed any enrollment or verification steps we require (which may include identity verification) that apply to your selected Designated Payout Method. To be considered a Participating Employee, you must:
(b) Enrollment
There is no charge to enroll in the EWA® Program. When you enroll in the EWA® Program, you must provide us with true, accurate, current, and complete information, including your name, address, email address, Employer, and Designated Payout Method information. You must promptly update this information should it change.
(c) Identity Verification
We may be required to verify your identity. You authorize our service providers and us to make inquiries we reasonably consider necessary to verify your identity and your account, including verification against third-party databases. If we cannot verify your identity or account, we may terminate your access to the EWA® Program.
(d) Account Security
You are responsible for keeping your EWA® Program login credentials confidential and monitoring activity on your account. Notify us immediately at support@tiphaus.com if you believe your credentials have been lost, stolen, or used without your permission.
(e) Personal Use Only
You may use the EWA® Program only for your own personal, lawful purposes. Your right to use the EWA® Program is not transferable.
(f) Our Discretion
We may decline to enroll you, or may suspend or terminate your access to the EWA® Program, for any lawful reason, including if we reasonably believe that your use of the EWA® Program presents a risk of fraud, loss, or noncompliance with applicable law or if we are unable to verify information about you or your employment.
(g) Additional Terms
Some Designated Payout Methods have their own eligibility requirements and their own separate terms and disclosures. For example, if applicable to your Designated Payout Method, the following additional terms and conditions apply, all of which form a part of these Terms:
3. Your Authorization; Right to Revoke
(a) Authorization
By accepting these Terms and agreeing to a Payout, you voluntarily authorize TipHaus to provide you early access to wages you have earned by transfer to your Designated Payout Method. You further authorize your Employer to deduct that same amount, plus any optional fees, from your next paycheck and to remit that amount to us. Your use of the EWA® Program is entirely voluntary and not a condition of your employment or of receiving your wages.
(b) Right to Revoke Your Authorization
You may revoke this authorization and stop participating in the EWA® Program at any time and without penalty, by using the applicable option within the TipHaus Platform or by notifying your Employer. Your revocation will be effective as soon as reasonably practicable after we and your Employer receive and process your revocation. Revoking your authorization will not affect any Payout already made to you.
(c) Period After Revocation
Once your revocation is effective, you will no longer receive Payouts under these Terms unless and until you re-enroll in the EWA® Program. Payouts and fees already provided before your revocation will continue to be recovered through payroll deduction as described in Section 3(a).
(d) Credit Authorization
You authorize us to electronically credit your Designated Payout Method by ACH, card network push-to-card transfer, or another method made available in the TipHaus Platform, for each Payout you request and pursuant to your election. You provide a limited authorization to us to debit your Designated Payout Method only (i) to correct an erroneous credit, or (ii) to credit and then reverse a nominal test amount (less than $1.00) to verify your Designated Payout Method. ACH transactions are subject to the Nacha Operating Rules and applicable law.
(e) Records
You agree that your electronic acceptance of these authorizations constitutes your written authorization. You can print or save a copy of these Terms for your records.
4. Payouts; Designated Payout Method
(a) Payout Process
Before you confirm your Payout, the TipHaus Platform will show you the amount requested, any applicable fee, the delivery timing, and the amount that will be deducted from your next paycheck. You are under no obligation to complete a request.
You agree not to use the same Payout as the basis for an earned wage access transaction with TipHaus and with any other earned wage access provider.
(b) Designated Payout Method
You have several options for your Designated Payout Method, including:
We may add, remove, or discontinue any Designated Payout Method at any time. If you are actively using a Designated Payout Method that we plan to discontinue, we will provide you with reasonable advance notice and a reasonable opportunity to select an alternative, if available, before discontinuing it.
You represent that you are the owner of the account associated with your Designated Payout Method and have authority to authorize credits and debits to it. If your Designated Payout Method is jointly held, you represent that you may agree to these Terms independently. If you provide incorrect information, the transfer may be lost, and we are not responsible for transfers sent to a Designated Payout Method you designated in error.
(c) Timing and Cut-Off Windows
Funds are disbursed to your Designated Payout Method upon request during the Active Pay Period pursuant to the time period disclosed. However, Payout requests are blocked immediately upon Pay Period Finalization. Delivery times are estimates. Fraud, compliance, or risk reviews, or delays by your financial institution or other third parties, may delay your receipt of funds. We are not responsible for delays caused by your Employer, your financial institution, third-party payment networks, or other third parties or events beyond our reasonable control.
(d) Accuracy of Underlying Data
Your Payouts reflect the wage amounts and Payout instructions that your Employer provides to us. We do not independently verify the accuracy of your Employer's wage calculations, pay period configurations, or Payout instructions, and we are not responsible for errors in those amounts or instructions. If you believe there is an error in the amount of wages you were paid, please contact your Employer.
5. Payout Limits
(a) Earned Wage Cap
In accordance with program mechanics, Participating Employees can request a Payout of up to 50% of their available Earned Wages within the Active Pay Period. Employee-level eligibility approvals and organization-level percentage settings apply. Individual organizations may choose to cap the available percentage of earned wages at less than 50% at their discretion. Please see the app or speak to your manager for the maximum percentage of earned wages you are able to access.
(b) Default Daily Limit
Unless we notify you otherwise, there is a Daily Payout Limit. We may change the Daily Payout Limit at any time, and may apply a different limit to you based on factors such as your Employer's configuration of the EWA® Program, the Designated Payout Method you use, or risk and compliance considerations.
(c) Reaching the Limit
If your requested Payout for a given day would cause your Payouts to exceed the limits described herein, we will make a Payout available to you up to the applicable limit. Any remaining earned wage balance will become available to you in a later Payout or through your Employer's regular payroll process upon Pay Period Finalization.
(d) Not a Credit Limit
The Daily Payout Limit and caps are operational and risk-management limits on how quickly we will pay your already-earned wages to you. They do not reflect, and are not based on, any assessment of your creditworthiness, and are not a line of credit or credit limit of any kind.
6. Optional Fee Structure
Depending on your Designated Payout Method, a fee may apply as set forth below:
| Payout Method | Fee Type | Description |
|---|---|---|
| HausMoney® (HM) | $0.00 (Zero Fee) | Requires you to apply for and receive a HausMoney® account. |
| HausDirect™ (HD) | Per-Transaction Fee | A per-transaction fee is charged at time of Payout, determined by merchant contract terms. |
Delivery options and fees may vary by Employer and state, and lower fees may apply in some circumstances. All applicable fees will be clearly displayed in the TipHaus Platform before you confirm a Payout. If you enroll in any recurring or automatic feature that we may make available to you, the applicable fee will apply to each transfer unless otherwise stated in the TipHaus Platform.
Unless otherwise disclosed in the TipHaus Platform, any fee will be deducted from your next paycheck together with the Payout. Where state law or your Employer requires a different method, we will disclose the method to you during enrollment.
7. Failed Deductions
(a) Unsuccessful Deductions
If a deduction is not completed in full on your next scheduled payday for any reason (for example, administrative error or insufficient net pay after other required deductions), you authorize your Employer to attempt the remaining deduction on up to two additional scheduled paydays. If the amount remains outstanding after those attempts, we will not take any further action to collect it, but we may suspend or limit your access to the EWA® Program until the outstanding amount is paid to us.
(b) Separation from Employment
If your employment with your Employer ends for any reason, any outstanding Payouts and fees may be deducted from your final paycheck to the extent permitted by applicable law. If they cannot be deducted, you will not owe us any amount, although you may choose to pay voluntarily.
(c) Overdraft and Third-Party Fees
Because we do not debit your payment account to recover Payouts or fees (other than as provided in Section 3(d)), we will not cause overdraft or non-sufficient funds fees with respect to your personal bank account(s). We are not responsible for fees your financial institution may charge you, except to the extent caused by our error. If required by law, we will refund any NSF or overdraft fees.
8. Payout History
Subject to applicable law, we will make your Payout history for the EWA® Program (your "Payout History") available to you electronically within the TipHaus Platform (or another electronic interface or method we make available from time to time). Individual employee disbursements are tracked in a master ledger throughout the Active Pay Period. We do not mail paper statements for the EWA® Program.
9. Privacy; Electronic Communications; Information Sharing
(a) Privacy Notice
Our collection, use, and disclosure of your personal information in connection with the EWA® Program is described in our Privacy Notice, which is available on our website and is incorporated into these Terms. If you hold a card account issued by the Sponsor Bank, that card is subject to the bank’s privacy notice.
(b) Information Sharing With Your Employer.
We may share with your Employer information reasonably necessary to administer the EWA® Program, track Payouts and optional fees, and execute payroll recoupment settlement (for example, your enrollment status, your Designated Payout Method selection, Payout amounts, and your Payout History), consistent with our Privacy Notice and applicable law. If we retrieve information from third parties on your behalf, we act as your agent for the limited purpose of accessing this data. You also authorize your Employer and its payroll, timekeeping, and human resources providers to share with us your identifying information, employment status, pay rate, pay schedule, hours worked, and other payroll data needed to provide the EWA® Program.
10. Relationship of the Parties
(a) No Employment Relationship
TipHaus is not your employer, joint employer, payroll processor, payroll agent, or professional employer organization, and does not exercise, and will not be deemed to exercise, any of the rights or responsibilities of an employer with respect to you. Your employment relationship is solely with your Employer, which remains solely responsible for complying with all applicable wage, payroll, withholding, and reporting laws, and for accurately and timely paying you all wages you have earned, regardless of whether you participate in the EWA® Program.
(b) Not a Fiduciary; No Advice
We are not acting as your fiduciary or financial advisor in connection with the EWA® Program, and we do not provide legal, tax, financial, or accounting advice. Nothing in these Terms or the EWA® Program constitutes such advice. You remain responsible for your own tax reporting obligations relating to your wage income, and your Employer remains responsible for its withholding and reporting obligations as your employer.
(c) Sponsor Bank
If your Designated Payout Method involves a deposit account or other banking product or service issued by our sponsor bank (a "Sponsor Bank"), that account and related banking services are provided by the Sponsor Bank, and not by TipHaus. TipHaus is not a bank.
11. Limitation of Liability
(a) Limitation
To the fullest extent permitted by applicable law, and except for our gross negligence or willful misconduct, you acknowledge and agree that TipHaus and its affiliates, officers, directors, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages or for lost profits or data, arising out of or relating to these Terms or the EWA® Program, under any theory of liability, even if advised of the possibility of such damages, and that our total aggregate liability to you arising out of or relating to these Terms or the EWA® Program will not exceed the greater of (i) the fees you paid us in the twelve months before the claim arose or (ii) $500. These limitations do not apply to the extent prohibited by applicable law, and do not limit any rights you have under the Electronic Fund Transfer Act or other non-waivable consumer protection laws.
(b) Service Interruptions
We are not liable for delays or failures caused by your Employer, your financial institution, card networks, the ACH network, pay period cut-off windows, or other circumstances beyond our reasonable control, although we will use reasonable efforts to help resolve any issue affecting your Payout.
12. Termination
(a) Your Ability to Terminate
You may stop participating in the EWA® Program at any time, at no cost, as described in Section 3(b) of these Terms.
(b) Suspension or Termination By TipHaus or as a Result of Your Employment
Your participation in the EWA® Program may be suspended or will end, with notice where required by law, if: (i) you are no longer employed by your Employer; (ii) your Employer removes your designation as a Participating Employee; (iii) your Employer discontinues its participation in the EWA® Program; (iv) we discontinue the EWA® Program; (v) we cannot verify your identity or Designated Payout Method; (vi) you have outstanding Payouts for which we did not receive a corresponding payroll deduction; (vii) we reasonably suspect fraudulent, abusive, or unlawful activity; (viii) you breach these Terms; or (ix) we determine it is necessary for legal, regulatory, security, or risk reasons. If we suspect fraud, we may stop or reverse pending Payouts related to that activity.
(c) Effect of Termination
Termination of your participation in the EWA® Program does not affect your right to receive wages you have already earned. Your Employer remains solely responsible for paying you all wages you have earned, through its regular payroll process or another legally compliant method, regardless of whether your EWA® Program participation has ended.
(d) Survival
Sections that by their nature should survive termination, including Sections 1(b), 3, 7, 10, 11, and 14 through 26, will survive.
13. Amendments to These Terms
We may amend these Terms from time to time, subject to applicable law. If we make a material amendment to these Terms, we will provide you with reasonable notice (for example, through the TipHaus Platform or by electronic message) before the amendment takes effect, and where required by law, we will ask you to accept the revised terms. Changes will not apply retroactively to Payouts completed before the effective date. Your continued use of the EWA® Program after an amendment takes effect means you agree to the amended Terms. If you do not agree to an amendment, you may stop using the EWA® Program as described in Section 3(b). We may modify, suspend, or discontinue any feature of the EWA® Program, subject to applicable law.
14. Your Representations
Each time you request a Payout, you represent that: (a) you have earned the wages to which the request relates; (b) to your knowledge, those wages are not subject to any garnishment, lien, assignment, or other claim and you have not sold or assigned them to anyone else; (c) you reasonably expect to receive those wages during your next pay period; (d) all information you have provided to us is true, accurate, and complete; and (e) you will not falsely tell your Employer or its payroll provider that you did not receive wages you accessed through the EWA® Program.
15. Third-Party Services
Certain features may be provided by third parties, such as account verification providers, card issuers, and payment networks, and may be subject to those third parties’ terms. We are not responsible for third-party services, websites, or content, except as required by law.
16. Consent to Electronic Communications
You agree that we may provide these Terms and all notices, disclosures, statements, and other communications to you electronically, by posting them in the TipHaus Platform, by email to the address associated with your account, or by text message, and that electronic communications satisfy any legal requirement that they be in writing. You can access and save a copy of these Terms in the TipHaus Platform. You may withdraw your consent to electronic communications at any time by contacting us at support@tiphaus.com, without charge; because the EWA® Program is offered only electronically, withdrawing consent will end your use of the EWA® Program. Please keep your email address and mobile number current.
17. Calls and Text Messages
By providing a telephone number, you consent to receive calls and text messages from us and our service providers regarding your account and the EWA® Program, including messages sent using automated technology, at that number. Message frequency varies, and message and data rates may apply. You may opt out of text messages at any time by replying "STOP" and get help by replying "HELP." You represent that you are the subscriber or customary user of any number you provide. Any consent to receive marketing messages will be requested separately and is not a condition of using the EWA® Program.
18. Errors, Questions, and Unauthorized Payouts
If you think a Payout is incorrect, that a Payout was not received, or that someone has used your account without permission, contact us as soon as possible through the TipHaus Platform or at support@tiphaus.com. We will investigate and respond in accordance with applicable law and will correct any error we find promptly.
19. License and Acceptable Use
(a) License
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the TipHaus Platform solely to access the EWA® Program. We and our licensors retain all rights in the TipHaus Platform and its content.
(b) Restrictions
You will not:
(c) Feedback
If you send us suggestions or ideas, we may use them without obligation to you.
20. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE EWA® PROGRAM AND THE TIPHAUS PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TIPHAUS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE EWA® PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless TipHaus and its affiliates, officers, directors, employees, agents, and service providers from any claims, losses, liabilities, and reasonable expenses (including reasonable attorneys' fees) arising from your violation of these Terms or applicable law, or your fraud or intentional misconduct.
22. Arbitration Agreement and Class Action Waiver
(a) Agreement to Arbitrate
Except as provided below, you and TipHaus agree that any past, present, or future claim, dispute, or controversy between you and TipHaus (or Employer, which is an intended third-party beneficiary of this Section) arising out of or relating to these Terms, the EWA® Program, or the TipHaus Platform, whether based in contract, tort, statute, or any other legal theory (a “Claim”), will be resolved by final and binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs this Section 22. The arbitrator will decide all questions regarding the scope, validity, and enforceability of this Section 22, except as provided in Section 22(g).
(b) Informal Resolution First
Before starting arbitration, the party asserting a Claim must send the other a written notice describing the Claim and the relief sought (a "Notice of Dispute"). Notices to us must be sent to legal@tiphaus.com. The parties will attempt in good faith to resolve the Claim informally for 30 days after the Notice of Dispute is received before either may commence arbitration.
(c) Administrator and Rules
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Section 22, before a single arbitrator. The hearing will take place in the county where you reside, or by telephone or video conference if you prefer. Claims of $10,000 or less may be resolved on written submissions unless the arbitrator decides a hearing is necessary.
(d) Costs
We will pay all AAA filing, administrative, and arbitrator fees for any Claim you bring, except that if the arbitrator finds your Claim frivolous or brought for an improper purpose, fees will be allocated under the AAA Rules. Each party will bear its own attorneys’ fees, unless the arbitrator awards fees under an applicable statute.
(e) Small Claims; Exceptions
Either party may bring an individual Claim in small claims court instead, so long as the Claim stays in that court and is pursued only on an individual basis. Either party may also seek emergency injunctive relief in court for actual or threatened infringement of intellectual property rights or for exigent security matters.
(f) CLASS ACTION WAIVER
YOU AND TIPHAUS AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING AS A PRIVATE ATTORNEY GENERAL. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(g) Severability; Public Injunctive Relief
The arbitrator may award any individual relief available in court, including public injunctive relief where available under applicable law. If the class action waiver in subsection (f) is found unenforceable as to any Claim or request for relief (including public injunctive relief), that Claim or request will be severed and decided by a court, after all arbitrable Claims are resolved, and will not be arbitrated. Any challenge to the enforceability of subsection (f) will be decided by a court. If any other part of this Section 22 is found unenforceable, the remainder will remain in effect.
(h) Right to Opt Out
You may reject this Section 22 by sending us a written opt-out notice within 30 days after you first accept these Terms, by email to legal@tiphaus.com or by mail to 3071 Anderson Road SE, Port Orchard, WA 98366, Attn: Legal Department. Your notice must include your name, address, telephone number, and the email address associated with your account, and must clearly state that you reject arbitration. Opting out will not affect any other term of these Terms or your ability to use the EWA® Program.
(i) Survival
This Section 22 survives termination of these Terms and your account, and any bankruptcy of any party.
(j) JURY TRIAL WAIVER
YOU AND TIPHAUS UNDERSTAND THAT, ABSENT THIS SECTION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, IF ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND TIPHAUS WAIVE ANY RIGHT TO A JURY TRIAL.
23. Governing Law
These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles, except to the extent preempted by federal law; provided that nothing in these Terms deprives you of the protection of any non-waivable consumer protection or wage-payment law of the state in which you reside or work.
24. Time Limit on Claims
Any Claim must be brought within one year after it arises, except where a longer period is required by non-waivable law.
25. State-Specific Notices
South Carolina Residents: You may share comments or concerns about TipHaus or its products and practices with the South Carolina Department of Consumer Affairs at https://consumer.sc.gov or (803) 734-4200.
Utah Residents: You may file a complaint with the Utah Department of Commerce, Division of Consumer Protection, at https://db.dcp.utah.gov/complaints.html; by phone at (801) 530-6601 or (800) 721-7233 (toll-free in Utah); by email at consumerprotection@utah.gov; or by mail at PO Box 146704, Salt Lake City, UT 84114-6704.
26. Miscellaneous
(a) Assignment
You may not assign these Terms or your rights under them without our express written consent, which we may withhold in our discretion. We may assign these Terms, or any of our rights under them, without notice to you.
(b) Severability
If any provision of these Terms (other than Section 22) is found unenforceable, the remaining provisions will remain in full force and effect.
(c) No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.
(d) Force Majeure
We are not liable for any delay or failure to perform caused by events beyond our reasonable control.
(e) Entire Agreement
These Terms, together with the documents incorporated by reference (including our Privacy Notice and E-Sign Consent Disclosure, and any separate terms applicable to your Designated Payout Method under Section 2(g)), are the entire agreement between you and TipHaus regarding the EWA® Program, and supersede any prior discussions or agreements between you and TipHaus regarding the EWA® Program. Headings are for convenience only.
(f) Notices to You
We may provide notices to you electronically, including through the TipHaus Platform or by email to your address in our records.
(g) Questions
If you have questions about the EWA® Program or these Terms, please contact TipHaus using the information provided in the TipHaus Platform.
