MAJORITY PAY TERMS OF SERVICE FOR NON-MAJORITY USERS

IMPORTANT – PLEASE READ CAREFULLY. THE MAJORITY PAY TERMS OF SERVICE FOR NON-MAJORITY CUSTOMERS CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND CONTAIN AN EXPRESS AGREEMENT TO AND ACCEPTANCE OF MAJORITY’S PRIVACY POLICY. 

These Majority Pay Terms of Service for Non-Majority Customers (this “Agreement”) represent a binding legal agreement between you and Majority USA, LLC and its affiliates (" us" or " our" or "Majority"), and apply to your limited access of the Majority Pay service to send or receive payments from Majority customers.

1. General:

 

Majority Pay is a peer-to-peer money transfer service available to Majority customers in the Majority mobile application (the “App”), which allows Majority customers to send and receive funds from other Majority users, or to send, request and receive funds from non-Majority customers (together, a “Majority Pay Transfer”). Majority Pay may only be used for personal, non-commercial purposes. Majority does not transfer money. Majority Pay Transfers are conducted through Axiom Bank, N.A. (“Bank”) and other financial institutions that work with Majority’s partners. All funds sent using Majority Pay are in U.S. dollars. Your access to Majority Pay or the sending or receipt of Majority Pay Transfers does not  create a customer relationship between you and Majority or Bank.

Your limited access to the  Majority Pay transfer service is determined at the discretion of Majority and its partners, including Bank, based on a variety of risk-based factors. We may suspend, restrict, or terminate your access to all, or any part of the Majority Pay transfer service at any time and for any reason.  If you violate any terms and conditions of Majority or its partners, such actions may be used as a basis to terminate your access to the service.

To send or receive funds through Majority Pay you need to have a Visa® or Mastercard® debit card issued by a U.S. financial institution. Furthermore, credit cards, prepaid cards, and debit cards issued by a foreign bank are not eligible for use with Majority Pay.

The first time you send or receive money through Majority Pay you will automatically open an  account (“Astra Platform Account”) with Astra Inc. (“Astra”) and you must accept the Astra Terms of Service and the Privacy Policy. The Astra Terms of Service constitute a separate agreement between you and Astra. Any Majority Pay transfers through the Astra Platform Account are conducted through Astra’s financial institution partners as set out in the Astra Terms of Service.   You authorize us to collect and share with Astra your personal information including full name, phone number, debit card details, and other information that we may require for the Majority Pay Transfer, and you are responsible for the accuracy and completeness of such information. We will provide customer support for your Astra Platform Account activity, and we can be reached at www.majority.com, support@majority.com, and/or 1-(855) 553 3388 (available Monday through Friday 8:00AM – 6:00PM CDT and Saturdays 9:00AM – 5:00PM CDT). 

2. Sending Funds to a Majority Customer Using Majority Pay:

To make a Majority Pay Transfer to a Majority customer’s debit card issued by Bank, the Majority customer must first request a Majority Pay Transfer from you by sharing  a link with you to your mobile device or by having you scan a QR Code displayed directly on such Majority customer’s mobile phone. Please note that Majority Pay is intended to send or receive money to and from friends, family and others you trust. You should not use Majority Pay to send or receive money from people you are not familiar with or do not trust.

 Once you accept the Majority Pay Transfer request link, you will be asked to verify your phone number. By providing your phone number, YOU AGREE TO RECEIVE SHORT MESSAGE SERVICE (“SMS”) TEXT MESSAGES TO THAT NUMBER, INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), FROM US AND OUR AFFILIATES, SERVICE PROVIDERS, AND AGENTS IN CONNECTION WITH MAJORITY PAY. Message and data rates may apply.

 

Following verification of your phone number, you must enter your debit card details, billing address and any other information you are asked to provide. By providing us with your debit card information, you represent and warrant that you are the owner of the debit card and associated U.S. bank account.

You must authorize the payment to complete the Majority Pay Transfer. If you submitted the required information and received a confirmation that the Majority Pay Transfer was successful, funds will be debited from the U.S. bank account associated with the debit card information that you have provided to us.  The funds may be available in the Majority customer’s account within minutes, but in certain circumstances it may take longer (for example, we may need additional time to verify your identity, due to technological issues, or due to delays in processing by other financial institutions). Please be aware the funds will be debited from your U.S. bank account as soon as you authorize the transaction and will be deposited into the Majority customer’s account. We are not responsible for any Majority Pay transactions that you confirm using incorrect recipient or transaction information. All transactions you confirm are considered final and may not be refunded or reversed.

3. Receiving Funds from a Majority Customer Using Majority Pay:

To receive a Majority Pay Transfer from Majority customers, the Majority customer must first share a link with your supported device. Please note that Majority Pay is intended to send or receive money to and from friends, family and others you trust. You should not use Majority Pay to send or receive money from people you are not familiar with or do not trust.

Once you accept the Majority Pay Transfer link, you will be asked to verify your phone number. By providing your phone number, YOU AGREE TO RECEIVE SHORT MESSAGE SERVICE (“SMS”) TEXT MESSAGES TO THAT NUMBER, INCLUDING THOSE MADE BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM (“ATDS”), FROM US AND OUR AFFILIATES, SERVICE PROVIDERS, AND AGENTS IN CONNECTION WITH MAJORITY PAY. Message and data rates may apply.

Following verification of your phone number, you must enter your debit card details, billing address and any other information you are asked to provide. By providing us with your debit card information, you represent and warrant that you are the owner of the debit card and associated U.S. bank account.  

You must authorize the payment to complete the Majority Pay Transfer. Upon authorization, your provided debit card will be credited in the amount of the Majority Pay Transfer.

Please be advised that for security purposes, the Majority Pay Transfer link is subject to expiration within a period of time that is determined by us in our sole discretion. The expiration date of the Majority Pay Transfer link will be displayed to you at the time you open the Majority Pay Transfer link sent to you by the Majority customer.  You must accept the Majority Pay Transfer prior to the expiration of the link for the Majority Pay Transfer to be completed. Upon expiration of the Majority Pay Transfer link, the funds will automatically be transferred back to the sending Majority customer.

Furthermore, Majority Customers may cancel a Majority Pay Transfer link at any time prior to you accepting the transaction. We will not be liable for any Majority Pay Transfer that is not completed due to the expiration of the Majority Transfer link, nor shall we be liable for the completion of any Majority Pay Transfer that you fail to accept prior to cancellation by the Majority Customer.

4. Limits on the Amount of Money You Can Send or Receive Using Majority Pay:

Use of Majority Pay is subject to transaction limits, which may apply to either the transaction amounts (both individual and cumulative), transaction frequency, or both. Majority Pay limits are communicated to Majority customers in the App and may be subject to change at any time at our sole discretion.

Additionally, you may be unable to send funds through a Majority Pay Transfer to a Majority customer or receive funds from a Majority customer because of limits placed on your debit card by your financial institution, Visa®, or MasterCard®.

You shall not subvert or otherwise avoid the frequency and/or dollar send or receive limits by, among other actions, using multiple devices to make Majority Pay Transfers. Majority and its partners, in our sole discretion, may limit the frequency of your Majority Pay Transfers per day.

5. Conditions or Restrictions on Your Use of Majority Pay:

As a condition of using Majority Pay, any information that we request from you, including but not limited to phone number, debit card details, billing address, the amount of the transaction, and any message or description of the transaction that you may provide, must be complete and accurate.  

None of Majority, Bank or Majority’s partners will  be liable for any Majority Pay Transfer which is sent to the wrong recipient, that does complete due to you providing incorrect information, or otherwise due to circumstances unrelated to the Majority platform or beyond our control.

Majority or its partners may require additional information from you to complete a Majority Pay Transfer. Specifically, Majority or its partners (through Majority) may request that you provide additional information to verify your identity.

Your access to the Majority Pay transfer service is also contingent upon you having a supported device capable of web browsing.

You also agree that use of Majority Pay may be subject to transaction or processing fees, and that any amount you receive or send may be reduced in the amount of such fees. All fees will be disclosed to the sender of the Majority Pay Transfer prior to authorization.

Please note that only Visa® or Mastercard ®debit cards issued by a U.S. financial institution are eligible to send or receive Majority Pay Transfers. Credit cards, pre-paid cards, gift cards, and debit cards issued by foreign financial institutions may not be used for Majority Pay Transfers.

Majority Pay may only be used for personal, household purposes. You may not use Majority Pay for any commercial or illegal purpose. You may not resell Majority Pay or use Majority Pay to transfer or request money on behalf of, or as agent for, another person. Majority Pay is only offered in the United States.

 You agree that you are not engaging in the business of debt collection by attempting to use Majority Pay to receive money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Majority, its partners, and each of their respective owners, directors, officers, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.

Your limited access to the Majority Pay transfer service is determined at the discretion of Majority and its partners. Majority and its partners may suspend, restrict, or terminate your access to all or any part of the Majority Pay transfer service at any time and for any reason and without prior notice to you, unless required by applicable law, rules, or regulations. Majority Pay Transfers will be monitored and may be held, delayed or blocked if, in Majority’s or its partners’ sole discretion, Majority or its partners conclude that completing the transfer could result in a breach of this Agreement, fraud, any financial harm or harm to the safety and integrity of the Majority Pay service.

Majority Pay Transfers can be made 24 hours a day, 365 days a year regardless of holiday or weekend schedules. You acknowledge that Majority Pay Transfers, including the payout of a successfully claimed Majority Pay Transfer, may be affected or delayed by technological disruptions.

Funds availability usually occurs within minutes but may take longer in certain circumstances (for example, we may need additional time to verify your identity, due to technological issues, or due to delays in processing by other financial institutions). The funds transfer transaction may appear in processing or pending status and your available balance (reflecting the funds you sent or received as the case may be) may not update until the transaction has been fully processed by your bank. 

During the Majority Pay Transfer process, you have the option to elect that we autofill your provided debit card information to send or receive future Majority Pay Transfers to and from that debit card. If you decide to take advantage of this feature, you will not need to re-enter your chosen debit card information for future Majority Pay Transfers with that same debit card and if you elect to autofill you hereby expressly authorize us to store this information.

Please note that neither Majority or its Partners are responsible for any fees that your financial institution or your mobile carrier may charge you in connection with your transactions through Majority Pay.

6. Rejection of Your Majority Pay Transaction:

Majority and its partners have the right to reject your Majority Pay transaction, decline to complete a Majority Pay transaction after you have confirmed it, or impose a dollar limit on any Majority Pay transaction, without cause or prior notice to you. Majority and its partners may suspend, delay or reject your Majority Pay transaction for the following reasons, and for any other reason in our sole discretion:

• The dollar value of one or more of your or the Majority customer’s Majority Pay Transfer(s) exceeds any transfer limits determined at Majority’s and its partners’ sole discretion.
• The number of your or the Majority Customer’s Majority Pay Transfers exceed any transfer frequency limits determined by us at our sole discretion. 
• We are unable to debit or credit (as applicable) your debit card for the amount of the requested transaction.  
• The information you provide is incomplete or inaccurate. 
• The recipient is not a Majority customer or does not have a Majority account in good standing. 
• If we determine that you are not the intended recipient of the Majority Pay Transfer.
• We suspect fraud, irregularity or illegality. 
• We are unable to fulfill the Majority Pay transaction for any other reason.  

7. Liability for Majority Pay Transfers

You are liable for ensuring that the information you provide to Majority and Astra is complete and accurate. You are liable for accurately providing your debit card information to ensure funds are transferred to or from your bank account, as applicable. None of Majority or its Partners are liable for Majority Pay Transfers not received due to an error in the information entered by you or the Majority customer or additional errors unrelated to Majority’s or its partners’ platform except in the case where the Majority Pay Transfer was not properly executed according to the sender’s instructions.

If you send or receive Majority Pay Transfer and we later determine in our sole discretion that the Majority Pay Transfer was invalid for any reason, (for example, the Majority Pay Transfer was not authorized by the sender), Majority may block you from sending or receiving such Majority Pay Transfer.

If you believe your bank account has been compromised or that a Majority Pay Transfer was completed without your permission, please contact your financial institution immediately. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT WITH YOUR FINANCIAL INSTITUTION AND APPLICABLE LAW. The limits on your liability for unauthorized transfers are determined by your account agreement with your financial institution.

You acknowledge that neither Majority or its partners shall have any liability for your failure to comply with the terms and conditions of the terms of our partners accepted by you, including but not limited to your the Astra Terms of Service.

MAJORITY PAY IS INTENDED FOR SENDING MONEY TO OR RECEIVING MONEY FROM FAMILY, FRIENDS AND OTHERS YOU TRUST. YOU SHOULD NOT USE MAJORITY PAY TO SEND MONEY TO OR RECEIVE MONEY FROM PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. MAJORITY DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE WITH MAJORITY PAY.

YOU ACKNOWLEDGE AND AGREE THAT MAJORITY PAY IS A PEER-TO-PEER MONEY TRANSFER SERVICE, AND AS A RESULT FRAUDULENT TRANSACTIONS MAY RESULT IN THE LOSS OF FUNDS WITH NO RECOURSE. YOU ASSUME THE RISK OF ALL TRANSACTIONS YOU MAKE USING MAJORITY PAY. WE AND OUR PARTNERS HAVE NO LIABILITY FOR YOUR LOSSES OR DAMAGES AS A RESULT OF YOUR USE OF MAJORITY PAY.  

Subject to applicable law, neither Majority or its partners will be liable for failure to complete transactions in the following circumstances:

• there are insufficient funds in your bank account to complete a Majority Pay Transfer;
• the information supplied by you is incorrect, incomplete, unambiguous or untimely;
• there is a hold on your bank account or your funds are subject to legal or administrative process or other encumbrance restricting their use;
• we have reason to believe the requested transaction is unauthorized
• your financial institution mishandles or delays processing or posting a transfer facilitated by Majority Pay
• circumstances beyond our control (such as fire, flood, or other natural disaster power failure, strike labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, etc.) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken;
• when you receive a Majority Pay Transfer link to receive funds and you do not accept the link prior to expiration or do not complete the steps required to complete the transaction requested;
• if Majority Pay or other Majority services werent working properly and the sender knew about the malfunction when sender initiated the transfer; 
• any other exception stated in these Majority terms or the terms of our partners

The list of examples is meant to illustrate circumstances under which neither Majority or its partners would be liable for a Majority Pay Transfer not being completed and is not intended to list all of the circumstances where Majority or its partners would not be liable. 

ALL QUESTIONS ABOUT TRANSFERS THAT YOU SENT OR RECEIVED USING MAJORITY PAY SHOULD FIRST BE DIRECTED TO YOUR FINANCIAL INSTITUTION THAT ISSUED THE DEBIT CARD THAT YOU USED FOR THE MAJORITY PAY TRANSFER. IF YOU BELIEVE THAT THE MAJORITY PAY SERVICE HAS BEEN USED TO MAKE AN UNAUTHORIZED TRANSACTION WITH YOUR BANK ACCOUNT, OR IF YOUR BANK STATEMENT OR TRANSACTION RECORD REFLECTS AN ERROR IN A MONEY TRANSFER USING THE MAJORITY PAY SERVICE, CONTACT YOUR FINANCIAL INSTITUTION IMMEDIATELY. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT WITH SUCH FINANCIAL INSTITUTION AND APPLICABLE LAW.

8. Other Considerations When Using Majority Pay:

 You acknowledge and agree that Majority Pay is a peer-to-peer money transfer service, and as a result fraudulent transactions may result in the loss of funds with no recourse. You assume the risk of all transactions you make using Majority Pay. We and our Partners have no liability for your losses or damages as a result of your use of Majority Pay.  

You further acknowledge that once confirmed by you, we may not have the ability to stop, reverse or return any Majority Pay Transfer that you may authorize.

The best way to avoid issues with a Majority Pay Transfer is to double-check the recipient’s information and the transaction amount before confirming any payment. Never send money to someone you do not know or trust.

You may not use Majority Pay for commercial purposes, but if you do, you agree that we are not liable for such use. This includes all risks associated with the purchase of goods or payment for services of any kind, such as losses you suffer for undelivered or defective goods and service you pay for using Majority Pay. 

If you have issues using any of the features of Majority Pay available to you, please contact Majority’s customer support at support@majority.com, or 1-(855) 553 3388.

9. Privacy and Information Security

 Majority makes security and the protection of your information a top priority. Majority’s Privacy Notice is incorporated into and made a part of this Agreement by this reference, and which you hereby acknowledge and agree to.

10. Legal and Miscellaneous

 

10.1. Assignment

We may assign all or part of our rights and/or obligations under this Agreement without notice to you. You are not allowed to assign any rights or obligations under this Agreement to any third party without our prior written consent 

10.2 Limitation of Liability

IN NO EVENT SHALL WE, NOR SHALL OUR OWNERS, SUBSIDIARIES, AFFILIATES, BANK, PARTNERS,OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES IN CONNECTION WITH MAJORITY PAY (OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF THE AFORESAID ENTITIES), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF MONEY, DATA, GOODWILL, REPUTATION, PROFITS, BUSINESS INFORMATION OR INTERRUPTION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF OR INABILITY TO USE MAJORITY PAY OR OTHERWISE ARISE UNDER OR IN CONNECTION WITH THE MAJORITY SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR AND BANK’S (AND EACH OF THE OTHER AFOREMENTIONED THIRD PARTIES’) TOTAL AND AGGREGATED LIABILITY TO YOU (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY AND ALL DAMAGES, COSTS OR LOSSES THAT ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE MAJORITY PAY, OR OTHERWISE ARISE UNDER OR IN CONNECTION TO THE YOUR USE OF MAJORITY PAY, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE LESSER OF (A) THE TOTAL MAJORITY PAY TRANSFER AMOUNTS ACTUALLY SENT OR RECEIVED BY YOU THROUGH MAJORITY PAY IN THE MOST RECENT FIVE (5) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM OR (B)1,000.00. THIS SECTION WILL SURVIVE TERMINATION OF THIS AGREEMENT. 

10.3 Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD, US,  BANK, AND OUR OTHER PARTNERS, HARMLESS, INCLUDING OUR AND BANK’S AND PARTNERS’ SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, LOSSES, DEMANDS, TAX ASSESSMENTS, JUDGMENTS, GOVERNMENTAL INVESTIGATION OR ENFORCEMENT ACTION, PENALTIES, INTEREST AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO AND USE OF MAJORITY PAY; (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT (INCLUDING ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS AND WARRANTIES), THE ASTRA TERMS OF SERVICE, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; (IV) ANY OTHER PARTY’S ACCESS AND/OR USE OF MAJORITY PAY WITH YOUR PERSONAL INFORMATION; OR (V) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD-PARTY. WE RESERVE THE RIGHT TO ASSUME OR PARTICIPATE, AT YOUR EXPENSE, IN THE INVESTIGATION, SETTLEMENT AND DEFENSE OF ANY SUCH ACTION OR CLAIM. 

10.4 Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Delaware except to the extent governed by federal law or modified herein, without regard to any conflicts of law provisions that provide for the application of the law of another jurisdiction.

10.5 Arbitration of Dispute and Class Action Waiver

Any claim, dispute, or controversy (“Claim”) between you and us, including our (if any) successors, affiliates or assignees as well as any other third party, arising out of or relating in any way to this Agreement, your use of Majority Pay or otherwise, no matter how described, pleaded or styled, shall be subject to final binding arbitration as provided herein. The arbitration shall be conducted pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the request for arbitration is made (the “Arbitration Rules”), and in accordance with the Expedited Procedures in those Arbitration Rules, including Rules 16.1 and 16.2 of those Arbitration Rules, except as modified herein. The arbitration shall take place in the county in which you reside before a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Arbitration Rules. Payment of all filing, administration, and arbitrator fees will be governed by the Arbitration Rules. We shall be responsible for our share of the arbitration fees, and if you are unable to pay your share, we will pay it on your behalf, subject to the Arbitrator’s determination of your good faith inability to pay.

You and we agree that the arbitration proceedings, including all documents, evidence, and statements made during the proceedings, shall be confidential. Neither party shall disclose any information related to the arbitration, including the existence of the arbitration, the Arbitrator's award, or any other details of the proceedings, to any third party, except as may be required by law, regulation, or court order, or to enforce or challenge the arbitration award.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.

You and we will have the ability to reasonable discovery in accordance with the Expedited Procedures in the Arbitration Rules. All determinations as to the scope, interpretation, enforceability and validity of this agreement to arbitrate shall be made finally and exclusively by the Arbitrator. The Arbitrator’s award shall consist of a written statement stating the disposition of each Claim and will also provide a concise written statement of the essential findings and conclusions on which the award is based. The Arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.

This arbitration provision shall survive: (i) the termination of this Agreement; and (ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.

This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT USE MAJORITY PAY, AND NOTIFY US IMMEDIATELY FOR TERMINATION THIS AGREEMENT.

10.6 Entire Agreement

This Agreement represents the entire agreement between you and us relating to your use of Majority Pay, and supersedes all prior offers, understandings, agreements and representations with respect to Majority Pay or any other subject matter covered by this Agreement. For clarification, this Agreement supersedes all offers, promises or similar made to you by our client services agents, representatives or employees. This Agreement may not be modified or amended except as described herein.

If a court finds any provision of this Agreement to be invalid or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.

If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.7 Headings

Headings used in this Agreement are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

10.8 Translations

The official version of this Agreement is in the English language. Any translations are provided merely for convenience of the customers and shall not be legally binding. In the event of any conflict between a version in another language and the English version, the English version shall prevail.

10.9 Force Majeure

You acknowledge and agree that if we are unable to provide the Majority Pay transfer service as a result of a force majeure event, we shall not be in breach of any of our obligations towards you under this Agreement. A force majeure event means any event beyond the reasonable control of Majority and/or the Partners.

10.10 Disclaimers; No Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PROVISION AND USE OF THE MAJORITY PAY TRANSFER SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAJORITY PAY TRANSFER SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO MAJORITY PAY, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF MAJORITY PAY OR THAT MAJORITY PAY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MAJORITY PAY TRANSFER SERVICE OR THE TECHNOLOGY WILL BE CORRECTEDOR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ADDITIONALLY, YOU ALSO UNDERSTAND THAT WE CANNOT GUARANTEE THAT INFORMATION OR COMMUNICATIONS TRANSMITTED IN RELATION TO THE USE OF THE MAJORITY PAY TRANSFER SERVICE WILL NOT BE SUBJECT TO INTERCEPTION BY LAW ENFORCEMENT OFFICIALS OR OTHER THIRD PARTIES.  YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO MAJORITY PAY SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

10.11 Contact Us

In case of any questions about Majority Pay, please contact customer support via telephone at 1 (855) 553-3388 or by email at support@majority.com.  

  

Effective Date: March 4, 2025.