TERMS OF USE MOBILE APPLICATION

Welcome to our mobile application! This application is maintained as a service to our customers. By using this mobile application, you agree to comply with and be bound by the following terms of use. Please review these terms carefully. If you do not agree to these terms, you should not use this Mobile Application. Authorization is solicited at the instance of downloading the Application and with each subsequent request for an advance. It is imperative to acknowledge and accept these terms and conditions by actively engaging with the authorization checkbox. Failure to accept these terms prohibits the progression of the registration and payroll advance procedure.

These Terms create a legal obligation and form an essential basis of the agreement between you and Erli Technologies LLC (Erli), its subsidiaries, affiliates, agents, and assigns. By accessing, browsing, and/or using the mobile application or the Services provided by it, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and to comply with all applicable federal and state laws, rules and regulations. If you do not agree to these Terms: PLEASE DO NOT REGISTER FOR ANY OF ERLI’S SERVICES.

To use this Mobile Application or its Services and to accept the Terms of Use, you must be:

1. A U.S. citizen, permanent resident, or an individual with legal authorization to work in the United States;
2. Of legal age under the laws of the State of Florida (18 years-old or older) to form a binding contract with Erli as described herein under Part B, Section 4 of this Agreement; and

3. Not prohibited by law from using the Mobile App or the Services.
4. An actual worker with a payroll income with a defined frequency paycheck and/or
5. A retiree or veteran with verifiable government-issued income.

PART A: Introduction

The rules under which you may use Erli’s services offered through Erli’s Mobile Application (“the App”), are governed by these Terms of Use. By accessing Erli’s App or subscribing to any of Erli’s Services offered by Erli’s App, you agree to be bound by these Terms of Use and Erli will create an account for you to utilize the Service, access your transaction history and contact information, (the “Erli Account”). These Terms of Use are between you and the Erli entity, and you acknowledge and agree to them. You agree to the Terms of Use by accessing and using the Service. The terms “we,” “us,” and “our” relate to Erli, as well as its employees, consultants, directors, successors, subsidiaries, affiliates, and assignees, as used throughout these Terms of Use. “You” and “Your” refer to anybody who utilizes the Service or access Erli’s App.

  • 1. Account Information. To access Erli’s Services, you will be required to create an Erli Account (“Account”). by registering on our App and providing true, accurate, and complete information about yourself and your use of the Services. You agree not to misrepresent your identity or any information that you provide for your Account, and to keep your Account information up to date at all times. When you create an Erli Account, you will obtain a Login ID and password. After you create an Erli Account, you will allow Erli to obtain certain information, such as, but not limited to, your name, salary, net income, salary bank account, mailing address, phone number, and email address (collectively “Account Information”). You agree that any Account Information you provide will be accurate, current, and complete. Also, through the App you can update the password of your Erli Account, by accessing the Profile menu on the mobile application and clicking on “Change password”.

    a. You may only open one Erli Account. You may not maintain a joint account with another person, and you cannot add an authorized user to your Erli Account. You agree that you will not allow another person to use or access your Erli Account and not share your Login ID or password with other people. You represent that you are a legal owner and that you are authorized to provide us with all Account Information and additional information necessary to facilitate your use of the Services.

    b. To use certain Services, and in certain cases, Erli requires you to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not respond to such inquiries or we cannot verify your identity, we can refuse to allow you to use the Services or revoke any previously granted access.

  • 2. Third-Party Account Information. To use the Services, you agree to permit Erli to retrieve your account transaction history, balance information, or other information maintained by third parties with which you have relationships with, maintain accounts, or engage in financial transactions (“Third-Party Account Information”). By using the Services, you authorize Erli as well as third-party service providers acting on Erli’s behalf, to access your Third-Party Account Information, on your behalf as your agent, and you expressly authorize the third parties to disclose Third-Party Account Information to us. You agree that you are responsible for maintaining the security of the passwords and usernames you use to access any third-party sites and will keep those passwords and usernames up to date. Erli will never ask you to provide any password from any Third-Party Account Information. Erli does not review Third-Party Account Information for accuracy, legality or non-infringement. Additionally, Erli is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites. You understand that any Third-Party Account Information displayed through the Erli Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.

  • 3. FRAUDULENT CONSUMERS WARNING: Be aware of Scams and Fraud. The Service provides a safe and simple method to access earned wages ahead of scheduled payroll day. However, scammers and fraudsters abound, so be wary of unusual and/or suspicious activity. Use Erli’s App and Services solely for legal purposes and keep your login credentials and personal or sensitive information private. Do not send or request information to others. If you suspect you are being swindled or defrauded, or if your login or password has been lost or stolen, please contact us immediately. You can contact Customer Support, by accessing the “Support” Menu in the App.

  • 4. SECURITY. Our main priority is your security and the integrity of your Erli Account, and we work diligently to protect your data. If you are aware of anyone or any entity that is using the Service inappropriately, please e-mail us at support@erlipay.tech Please be aware that Erli will never ask for your Erli Account password. If you receive any fake (i.e., phishing) e-mails claiming to be from Erli, please forward them to us at support@erlipay.tech.

PART B: General Service(s) Terms of Use and Conditions.

1. Agreement. This Terms of Use Agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of the Mobile Application of Erli Technologies, LLC (Erli); whose website’s address is https://erlipay.tech/ (the “Site”). Erli may modify this Agreement at any time upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://erlipay.tech/terms-of-use-mobile-application/ Each use by you of Erli’s Mobile Application Services shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our mobile application is also governed by our Privacy Policy. Please review our Privacy Policy at https://erlipay.tech/privacy-policy-mobile-application/

3. Ownership. All content included on this mobile application is and shall continue to be the property of Erli or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the mobile application is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this mobile application.

4. Intended Audience. This mobile application is intended for adults only. This mobile application is not intended for any person under the age of 18.

5. Mobile Application Use. Erli grants you a limited, revocable, nonexclusive license to use this mobile application solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the application, reverse engineer or break into the application, or use materials, products or services in violation of any law. The use of this mobile application is at the discretion of Erli and Erli may terminate your use of this application at any time.

6. Compliance with Laws. You agree to comply with all applicable U.S. Federal or State of Florida laws, rules, and regulations regarding your use of the Erli’s mobile application or any of the services provided by any of those. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

7. Early Advance Earned Wages Service(s).

  • Overview. Erli offers a service that provides earned wage advances (“EWA”), ahead of your scheduled payroll date with your employer. To access this Service, you will be required to open an Erli Account and you must select and allow access to your salary bank account or other similar account which allows you to receive your income. This will allow Erli to acknowledge your data on salary, job, employer and payroll / salary bank account, thus, the Application will calculate your net earnings to advance. Once you request the allowed advance amount, you will receive it in your selected account.

    By providing authorization through the terms and conditions checkbox during the registration process and each time an advance is requested, you give express consent for the one-time debit of the total amount (advance + processing fee) from your bank account in the next payroll.

  • a. Payment withdrawal. When you request an earned wage advance, only by accepting these Terms of Use and the Terms of Use of our Service Provider, you will authorize Erli to apply, through such service provider, a withdrawal payment from your account. Such payment will be returned to Erli on the next date of your payroll as a reimbursement for the advance previously received plus the processing fee. By doing so, the amount of the advance(s) requested, plus the applicable transaction fees, will be pulled automatically deposited in Erli’s bank account.

    In a regular payroll cycle where no earned wages advances were requested, your payroll payment will not have any reimbursements taken from for Erli.

  • b. Eligibility. If you are an eligible user, you may request to receive one or more Advance Salaries of up to $200 each into your selected Bank Account, at any time between your payroll cycles by logging into your Erli Account. For this matter, Erli will consider the selected bank account as the primary income recipient for the further debit charges to collect the advances previously given. We may deny your request for an Advance Salary if you do not earn at least 80% of your advance request, or if you have not paid back the advances received in the previous payroll cycle.

  • c. Fees. There will be no fees for opening and maintaining an Erli Account. However, any transaction(s) fees associated with advances will be offset through the debit charge applied to your bank account on the next payroll day.

    Each transaction made through the Application for an advance is accompanied by a non-recurrent processing fee of $3.99 USD. This fee is a one-time charge for each transaction and will be processed through Automated Clearing House (ACH). To proceed with the ACH process, confirmation is required by clicking on the ‘confirm’ button within the application.

    The payment of the transaction fee, combined with the advanced amount, will be deducted from the user’s designated bank account in their next payroll cycle. The user provides authorization for a one-time debit of the total amount (advance + processing fee) on the immediately following payroll.

  • d. Transaction Confirmation. Once you requested and authorized the transaction, you will receive confirmation from the Application. This confirmation will provide detailed information, including the advanced amount, associated processing fee, and a notification specifying the scheduled debit on the immediately following payroll date. In case of bank dispute, you may access your track record of registered transactions at ERLI’s app.

  • e. Advance Salary Charges. We reserve the right to charge you an Advance Salary, including fees, through a debit payment from your selected bank account, when confirming in the Application to receive an advance on your earned wage and when linking your account into our App. However, Erli warrants that it has no legal or contractual claim against you based on our inability to charge you or repay Advance Salary funds, but Erli may suspend your access to the Services until we can charge you in full. Concerning a failure to receive the amount for an Advance Salary in full, Erli warrants it will not engage in any debt collection activities, neither to place any amount we are unable to charge with or sell it to a third party or report you to a consumer reporting agency. However, Erli does not waive any rights regarding fraudulent activity and will pursue instances of fraud.

  • f. Collect Authorization(s). Once you receive your earned wage advance, you expressly authorize us to apply a payment debit on your selected account on your next paycheck date, for the accumulated amount you received as Advanced Salary, plus the transaction fees that may apply (“Total amount”). You acknowledge that, as applicable, the electronic authorization contained in this Agreement represents your written authorization for automatically collecting from your selected account, the corresponding amount as provided herein and will remain in full force and effect for each time you accept to receive in your account, through Erli’s Application, Advances on your earned wage.

    • (i) You warrant and represent to Erli that you have the right to authorize us to charge for collecting the Salary Advances previously received through Erli’s Mobile Application, under the provisions contained in this Agreement. If you have a joint Linked Account, you represent and warrant that you have the authority to (a) bind the absent accountholder; and (b) enter into this Agreement independently. You agree to indemnify and hold Erli harmless from any claims by any other owner of the Linked Account.

    • (ii) You represent that you can save or otherwise store a copy of this electronic authorization for your records, and the transactions you request comply with applicable law.

  • g. Transaction Cancellation. You understand and agree that once the transaction is authorized, and confirmation is sent, there will be no cancellation and refund of the advance and its correspondent processing fee.

8. Indemnification. You agree to indemnify, defend, and hold Erli and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the mobile application.

9. Disclaimer. THE INFORMATION ON THIS MOBILE APPLICATION IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT THE USE OF THIS MOBILE APPLICATION IS AT YOUR SOLE RISK. ERLI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE MOBILE APPLICATION SHALL BE TO DISCONTINUE USING IT.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ERLI BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE MOBILE APPLICATION, YOUR USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION AND/OR CONTENT IS TO CEASE ALL OF ITS USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. Erli reserves the right, and you authorize us, to use and assign all information regarding the use of the mobile application by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Erli Account Revocation & Termination by Erli. Erli may suspend, cancel, limit, or revoke your access to and use of the mobile application or the Services and/or terminate these Terms of Use and the Agreement between you and us or your Erli Account at any time without notice, without cause, in our absolute discretion, and to the extent permitted by applicable laws. The following sections of these Terms shall survive termination: Indemnification, Disclaimer of Warranties, Limitation of Liability & Unforeseen Circumstances, Waiver, Dispute Resolution by Binding Arbitration, and General Provisions (Entire Agreement; Assignment; Other Rights), and any other section that by its terms survives termination. Erli further reserves the right to modify or discontinue, either temporarily or permanently, any portions or all of the mobile application or Services at any time with or without notice, as permitted by applicable laws.

13. Revocation of Authorization and App Closure by you: You retain the right to cancel or close your account at your discretion, and the Application is equipped with the necessary features to facilitate these actions. Comprehensive instructions are available on the Account Setup Screen.

To delete account data and close the Application, follow these steps:

  • a. Log in to the Application.

  • b. Navigate to the “Account” section.

  • c. Locate and select the “Delete Account” option.

The account closure process incurs no charges. However, please note that closure is permissible only after settling all advances placed before the desired revocation date. Upon account closure, access to all services will cease, and any accounts associated with specific services will be terminated.

If you have not availed any advances, your information will not be utilized.

14. Applicable Law. You agree that the laws of the State of Florida, without regard to conflicts of law provisions will govern these Terms of Use and Conditions and any dispute that may arise between you and Erli or its affiliates will be brought solely in any state or federal court located in Florida, Miami-Dade County.

15. BINDING ARBITRATION.

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS PROVIDED BELOW. THIS ARBITRATION AGREEMENT WILL APPLY TO YOU UNLESS (A) YOU ARE ELIGIBLE TO RECEIVE BENEFITS UNDER THE MILITARY LENDING ACT BY BEING A COVERED MEMBER OF THE MILITARY PERSONNEL OR YOU ARE A SPOUSE OR LEGAL DEPENDENT OF A COVERED MEMBER OF MILITARY PERSONNEL AT THE TIME YOU OPEN YOUR ACCOUNT OR (B) YOU PROMPTLY REJECT THE ARBITRATION AGREEMENT IN ACCORDANCE WITH THE REQUIREMENTS OUTLINED IN SECTION 16 (C).

  • a. Election to Arbitrate. Any and all matters of dispute between the parties to this Agreement, whether arising from or related to the Agreement itself or arising from alleged extra-contractual facts prior to, during, or subsequent to the agreement, including, without limitation, fraud, misrepresentation, negligence, or any other alleged tort, shall be decided by arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association currently in effect and in accordance with Title 9 of the United States Code, unless the Parties expressly agree otherwise in writing.

  • b. Notice. Notice of the demand for arbitration must be provided, in writing, to the other Party and must be made within 60 days after the dispute has arisen, time is of the essence. All statutes of limitation, which would otherwise be applicable in a judicial action brought by a Party, will apply to any arbitration or reference proceeding hereunder.

  • c. Procedural Considerations. The arbitration will be decided by a panel of one (1) arbitrator selected under the Commercial Arbitration Rules (“CAR”) of the American Arbitration Association (the “AAA”). If the dispute amount is greater than $1,000,000.00, then the arbitration will be decided by a panel of three (3) arbitrators; also, under the CAR of the AAA.

  • d. Place. Arbitration shall take place in Miami-Dade County, Florida. Said arbitration shall occur within thirty (30) consecutive days after the Party demanding arbitration delivers the written demand on the other Party, unless the Parties mutually agree otherwise in writing.

  • e. Language. The language of the arbitration shall be English.

  • f. Choice of Law. Pursuant to Part B, Section 14 of this Agreement, the arbitrator will be bound to decide all disputes in accordance with the laws of the State of Florida.

  • g. Award. The award rendered by the arbitrators will be in writing with written findings of fact and shall be final and binding on all Parties, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

  • h. Arbitration Cost and Fees. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. However, the arbitrator(s) may award to the prevailing Party, if any, as determined by the arbitrators, all its Costs and Fees. “Costs and Fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees and attorneys’ fees.

  • i. Joinder of Parties. Except by written consent of the Parties, no arbitration arising out of or relating to this Agreement or the parties’ dealings may include, by consolidation, joinder or in any other manner, any person or entity not a Party to the Agreement under which such arbitration arises.

  • j. Enforceability. The arbitration agreement herein between the Parties will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such award in any court or regulatory agency.

  • k. No Class Action. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE OR COLLECTIVE ACTIONS IN A COURT.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

17. Waiver. Any waiver of terms or rights in this Agreement is only valid if it is in writing and signed by an authorized representative. If either party does not enforce a part of this Agreement, it does not mean they are giving up the right to enforce it later.

18. Termination. Erli may terminate this Agreement at any time, with or without notice, for any reason.

19. Relationship of the Parties. Nothing contained in this Agreement, or your use of the mobile application shall be construed to constitute either party as a partner, joint ventures, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

20. Entire Agreement. These Terms of Use constitutes the entire agreement between you and Erli and governs the terms and conditions of your use of the mobile application, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Erli with respect to this mobile application. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the mobile application. Erli may revise this Terms of Use at any time by updating this Agreement and posting it on the mobile application. Accordingly, you should visit the mobile application and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this mobile application after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. Construction. The headings/captions appearing in this Agreement have been inserted for the purposes of convenience and ready reference, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the provisions to which they appertain. This Agreement shall not be construed more strongly against either Party regardless of which Party is more responsible for its preparation.

22. Contact Information.

Erli Technologies LLC
175 SW 7th Street | Suite 1100
Miami, FL., 33130.
support@erlipay.tech