CushionPay — Terms & Conditions

1. About CushionPay

CushionPay ("Company," "we," "us," or "our") is a financial technology service that enables employees to automatically set aside a portion of their post-tax paycheck into a dedicated savings or buffer account. CushionPay integrates with your employer's payroll system to automate this process on your behalf.

These Terms & Conditions ("Terms") govern your access to and use of the CushionPay platform, website at cushionpay.info, mobile applications, APIs, and related services (collectively, the "Services").

2. Eligibility

To use CushionPay, you must:

• Be at least 18 years of age
• Be a legal resident of the United States
• Be currently employed by an employer who has enrolled in CushionPay
• Have a valid US bank account capable of receiving ACH transfers
• Provide accurate and complete information during registration

3. Payroll Deduction Authorization

By enrolling in CushionPay, you authorize CushionPay and your employer to deduct the contribution amount you select — either a percentage of your gross pay or a fixed dollar amount — from your post-tax paycheck each pay period and transfer those funds to your designated CushionPay account.

Specifically, you authorize CushionPay to:

• Instruct your employer's payroll provider to apply a recurring post-tax deduction in the contribution amount you have selected
• Access your payroll and employment data from your employer's Human Resources Information System (HRIS)
• Initiate ACH debit transfers from your linked bank account as needed for reconciliation
• Adjust deduction amounts if your gross pay changes between pay periods

This authorization remains in effect until you cancel your enrollment in writing via the CushionPay platform, by contacting us at admin1@cushionpay.info, or by contacting your employer's payroll department. Cancellation requests must be received at least 7 business days before your next scheduled payroll date to take effect for that pay period; requests received after that cutoff will take effect the following pay period. CushionPay is not responsible for deductions already initiated before a valid cancellation is processed. You will receive written confirmation of any cancellation.

4. Bank Account Linking & ACH Authorization

To use CushionPay, you must link a valid US bank account. By linking your bank account, you authorize CushionPay and its payment processor, Stripe, Inc., to:

• Verify your bank account ownership and details
• Initiate ACH debit entries to your account for the amounts described in Section 3
• Initiate ACH credit entries to your account for any refunds or reversals
• Re-initiate a debit entry if a transfer is returned for insufficient funds

ACH transfers are processed in accordance with the rules of the National Automated Clearing House Association (NACHA). Standard ACH transfers may take 1–5 business days to settle. CushionPay is not responsible for delays caused by your financial institution.

You represent that you are the authorized owner or co-owner of any bank account you link to CushionPay and that you have the authority to authorize these transactions.

5. Copy of Authorization

A copy of your payroll deduction and ACH authorization will be provided to you via email upon agreement. You may request another copy at any time by contacting admin1@cushionpay.info.

6. Data Access & Privacy

CushionPay accesses the following data from your employer's payroll and HRIS systems to provide the Services:

• Employee profile information (name, email, employment status)
• Payroll data (gross pay, net pay, pay period dates)
• Benefit and deduction records

All data is processed in accordance with our Privacy Policy. CushionPay does not sell your personal data to third parties. Data is encrypted in transit (TLS 1.2+) and at rest (AES-256).

To process your contributions, CushionPay shares only the payroll and account information necessary to execute your authorization with your employer and your linked financial institution. By enrolling, you consent to this limited sharing.

Payment data is processed and stored by Stripe, Inc., which is PCI DSS Level 1 certified. CushionPay does not store full bank account numbers on its servers.

7. Third-Party Services

CushionPay integrates with the following third-party services to provide the platform:

• Stripe, Inc. — Payment processing and ACH transfers
• Finch / BindBee / Merge — Payroll and HRIS data access
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Your use of CushionPay is also subject to the terms and privacy policies of these third-party providers. CushionPay is not responsible for the actions or omissions of any third-party service provider.

8. User Responsibilities

You agree to:

• Provide accurate, current, and complete information during enrollment
• Notify CushionPay immediately if your bank account changes or is closed
• Maintain sufficient funds in your linked bank account to cover authorized deductions
• Not use CushionPay for any unlawful purpose
• Not attempt to circumvent or reverse any authorized deduction without following the cancellation process
• Accept responsibility for any fees, returned transactions, or losses resulting from incorrect account details you provide

9. Failed Transactions & Returned Payments

If an ACH debit is returned due to insufficient funds, a closed account, or any other reason, CushionPay reserves the right to:

• Re-attempt the transaction up to 2 additional times
• Notify you via email of the failed transaction
• Suspend your CushionPay account until the outstanding amount is resolved

You are responsible for any bank fees resulting from insufficient funds or returned transactions.

10. Cancellation & Termination

You may cancel your CushionPay enrollment at any time by contacting us at admin1@cushionpay.info or through the platform settings. Cancellations must be submitted at least 7 business days before your next payroll date to take effect for that cycle.

CushionPay reserves the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or at our sole discretion, with reasonable notice where practicable.

Upon termination, any funds already deducted and transferred will be handled in accordance with your employer's payroll policies and applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, CushionPay and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of funds due to bank errors, NACHA rule violations by third parties, or employer payroll errors
• Delays in ACH settlement caused by financial institutions or payment networks
• Unauthorized access to your account due to your failure to maintain account security

CushionPay's total liability to you for any claim arising from the Services shall not exceed the value of the deduction amount in dispute.

12. Disclaimer of Warranties

The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. CushionPay does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

13. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), with proceedings conducted in the state in which you reside.

You waive any right to participate in a class action lawsuit or class-wide arbitration against CushionPay.

14. Governing Law

These Terms shall be governed by and construed in accordance with applicable federal law and the laws of the state in which you reside at the time of authorization, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the courts located in the state in which you reside.

15. Changes to These Terms

CushionPay reserves the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or a prominent notice on the platform. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CushionPay regarding the Services and payroll deductions, and supersede any prior agreements or understandings.

17. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: admin1@cushionpay.info
• Website: https://cushionpay.info