1. About Payton and InstaPay
1.1. We are Payton Tech Ltd (company number: 14762156) (‘Payton’).
1.2. Payton is the provider of the InstaPay application (‘InstaPay’). This license agreement (‘Agreement’) governs your use of InstaPay and is a binding agreement between you (‘you’) and Payton.
1.3. InstaPay enables users to access a portion of their earned wages in advance of payday. It is an ‘employer-provided financial service’ – this means that your employer (and not Payton) is responsible for your remuneration, your right to access your earned wages before payday, and all other employment considerations. You should contact your employer directly if you have any questions or issues regarding your remuneration or your ability to access your earned wages.
1.4. Earned wages which are accessed in advance of payday using InstaPay are provided to you by your employer (and not Payton). Payments made to you are deducted (together with the applicable fee) from the amounts that would have otherwise been paid to you on payday. These payments constitute an advance and not credit.
1.5. InstaPay can only be used to send earned wages to the bank account that your employer uses to pay you your wages.
1.2. Payton is the provider of the InstaPay application (‘InstaPay’). This license agreement (‘Agreement’) governs your use of InstaPay and is a binding agreement between you (‘you’) and Payton.
1.3. InstaPay enables users to access a portion of their earned wages in advance of payday. It is an ‘employer-provided financial service’ – this means that your employer (and not Payton) is responsible for your remuneration, your right to access your earned wages before payday, and all other employment considerations. You should contact your employer directly if you have any questions or issues regarding your remuneration or your ability to access your earned wages.
1.4. Earned wages which are accessed in advance of payday using InstaPay are provided to you by your employer (and not Payton). Payments made to you are deducted (together with the applicable fee) from the amounts that would have otherwise been paid to you on payday. These payments constitute an advance and not credit.
1.5. InstaPay can only be used to send earned wages to the bank account that your employer uses to pay you your wages.
2. This Agreement
By using InstaPay, you:
(a) acknowledge that you have read and understand this Agreement; and
(b) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not use InstaPay and delete InstaPay from your device.
(a) acknowledge that you have read and understand this Agreement; and
(b) accept this Agreement and agree that you are legally bound by its terms. If you do not agree to these terms, do not use InstaPay and delete InstaPay from your device.
3. Using InstaPay
3.1. InstaPay is licensed, not sold, to you. All material on InstaPay is the property of Payton and/or its licensors and is protected by copyright, trademarks and other intellectual property rights. You do not acquire any ownership interest in InstaPay under this Agreement, or any other rights other than to use InstaPay in accordance with this Agreement.
3.2. Subject to the terms of this Agreement, Payton grants you a limited, non-exclusive, and non-transferable license to download, install, and use InstaPay for your personal, non-commercial use on a single mobile or computer device owned or otherwise controlled by you (‘Mobile Device’).
3.2. Subject to the terms of this Agreement, Payton grants you a limited, non-exclusive, and non-transferable license to download, install, and use InstaPay for your personal, non-commercial use on a single mobile or computer device owned or otherwise controlled by you (‘Mobile Device’).
4. Restrictions
You agree not to:
(a) copy, modify, translate, adapt, or otherwise create derivative works or improvements of InstaPay;
(b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of InstaPay or any part thereof;
(c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from InstaPay, including any copy thereof;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available InstaPay, or any features or functionality of InstaPay, to any third party for any reason, including by making InstaPay available on a network where it is capable of being accessed by more than one device at any time;
(e) use any robot, spider, or other automatic device, process, or means to access InstaPay for any purpose, including monitoring or copying any of the material on InstaPay;
(f) use any manual process to monitor or copy any of the material on InstaPay, or for any other purpose not expressly authorised in this Agreement, without Payton’s prior written consent;
(g) frame, mirror, or otherwise incorporate InstaPay or any portion of InstaPay as part of any other web or mobile application, website, or service;
(h) use InstaPay in any manner that could disable, overburden, damage, or impair InstaPay or interfere with any other party’s use of InstaPay; or
(i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the InstaPay.
(a) copy, modify, translate, adapt, or otherwise create derivative works or improvements of InstaPay;
(b) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of InstaPay or any part thereof;
(c) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from InstaPay, including any copy thereof;
(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available InstaPay, or any features or functionality of InstaPay, to any third party for any reason, including by making InstaPay available on a network where it is capable of being accessed by more than one device at any time;
(e) use any robot, spider, or other automatic device, process, or means to access InstaPay for any purpose, including monitoring or copying any of the material on InstaPay;
(f) use any manual process to monitor or copy any of the material on InstaPay, or for any other purpose not expressly authorised in this Agreement, without Payton’s prior written consent;
(g) frame, mirror, or otherwise incorporate InstaPay or any portion of InstaPay as part of any other web or mobile application, website, or service;
(h) use InstaPay in any manner that could disable, overburden, damage, or impair InstaPay or interfere with any other party’s use of InstaPay; or
(i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the InstaPay.
5. Collection and use of your information
5.1 Payton collects or processes certain information about you in order to perform its obligations under this Agreement (e.g. to set-up your account, verify your identity, and provide Updates). You acknowledge that when you download, install, access or use InstaPay, Payton may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of InstaPay. You also may be required to provide certain information about yourself as a condition to downloading, installing, accessing or using InstaPay or certain of its features or functionality, and InstaPay may provide you with opportunities to share information about yourself with others. By downloading, installing, accessing, using, or providing information to or through InstaPay, you agree with the User Privacy Policy (www.getpayton.com/privacy-notice) and acknowledge that it only applies where Payton acts as a ‘data controller’.
5.2 Payton also processes information about you on behalf of your employer as a ‘data processor’. You can find the applicable privacy notice via InstaPay, or by asking your employer.
5.2 Payton also processes information about you on behalf of your employer as a ‘data processor’. You can find the applicable privacy notice via InstaPay, or by asking your employer.
6. Updates
6.1 Payton may from time to time in its sole discretion develop and provide updates to InstaPay, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, ‘Updates’). Updates may also modify or delete in their entirety certain features and functionality. You agree that Payton has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
(a) InstaPay will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
6.2 You shall promptly download and install all Updates and acknowledge and agree that InstaPay may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of InstaPay and be subject to all terms and conditions of this Agreement.
(a) InstaPay will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
6.2 You shall promptly download and install all Updates and acknowledge and agree that InstaPay may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of InstaPay and be subject to all terms and conditions of this Agreement.
7. Third-Party Materials
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (‘Third-Party Materials’). You acknowledge and agree that Payton is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Payton does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8. Term and termination
(a) The term of Agreement commences when you install InstaPay and will continue in effect until terminated by you or Payton as set forth in this Section 8.
(b) You may terminate this Agreement by deleting InstaPay and all copies thereof from your Device.
(c) Payton may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must stop using InstaPay and delete InstaPay from your Device.
(e) Termination will not limit any of Payton’s rights or remedies at law or in equity.
(b) You may terminate this Agreement by deleting InstaPay and all copies thereof from your Device.
(c) Payton may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must stop using InstaPay and delete InstaPay from your Device.
(e) Termination will not limit any of Payton’s rights or remedies at law or in equity.
9. Disclaimer of warranties
The application is provided to you ‘as is’ and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Payton, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, Payton provides no warranty or undertaking, and makes no representation of any kind that the application will meet your requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.
10. Limitation of liability
10.1. To the fullest extent permitted by applicable law, in no event will Payton or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for:
(a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
(b) Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.
10.2 The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Payton was advised of the possibility of such damages.
(a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other consequential, incidental, indirect, exemplary, special, or punitive damages.
(b) Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.
10.2 The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or Payton was advised of the possibility of such damages.
11. General terms and conditions
11.1. This Agreement and our User Privacy Notice (www.getpayton.com/privacy-notice) constitute the entire agreement between you and Payton with respect to InstaPay.
11.2. If a court finds part of this Agreement illegal, the rest will continue in force. Each clause of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.3 This Agreement is governed by English law and you can bring legal proceedings in respect of the Agreement in the English courts. Additionally, if you are a consumer living in Scotland, you can bring legal proceedings in respect of the Agreement in either the Scottish or the English courts; or if you are a consumer living in Northern Ireland, you can bring legal proceedings in respect of the Agreement in either the Northern Irish or the English courts.
This Agreement was last updated on October 6, 2023.
11.2. If a court finds part of this Agreement illegal, the rest will continue in force. Each clause of the Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.3 This Agreement is governed by English law and you can bring legal proceedings in respect of the Agreement in the English courts. Additionally, if you are a consumer living in Scotland, you can bring legal proceedings in respect of the Agreement in either the Scottish or the English courts; or if you are a consumer living in Northern Ireland, you can bring legal proceedings in respect of the Agreement in either the Northern Irish or the English courts.
This Agreement was last updated on October 6, 2023.
