Terms of Use

PLEASE READ THIS Willowpay CUSTOMER AGREEMENT CAREFULLY, AS IT GOVERNS YOUR RELATIONSHIP WITH US. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY.

General

1.1. BY SIGNING UP FOR A Willowpay ACCOUNT AND/OR USING THE Willowpay SERVICE, YOU ARE:

1.1.1. Representing that you are acting on your own behalf, you are an individual resident of the United States or its territories other than the State of California, you are at least of the age of legal majority where you live (which is currently 18 years old, in most cases), and the application you submitted to us in connection with the account is true and complete in all material respects and that there has been no Material Adverse Change not reflected on your application. If any of the foregoing are not true, you are not eligible to use any Services and doing to will be unauthorized and a breach of this Agreement.

1.1.2. ACKNOWLEDGING THE TERMS OF AND AGREEING TO BE BOUND BY THE CURRENT (1) Willowpay CUSTOMER AGREEMENT (THIS "AGREEMENT"), (2) Willowpay E-SIGN AGREEMENT, (3) Willowpay PRIVACY POLICY, AND (4) Willowpay.COM WEBSITE TERMS OF USE, INCLUDING OUR ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS THE Willowpay WEBSITE OR USE ANY Willowpay SERVICE, AND CONTACT US TO CANCEL YOUR ACCOUNT, IF YOU ALREADY HAVE CREATED ONE.

1.2. This Agreement was last revised on the date first shown above. This Agreement replaces any other agreement relating to your account that you or we made earlier or at the same time.

1.3. CHANGES TO THIS AGREEMENT.

1.3.1. We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. If we amend this Agreement, then we will provide notice on our website or as otherwise required by applicable law. Subject to any notice period that may be required by applicable law, after we provide notice of any amendment to this Agreement, if you use the Services or do not immediately close your account, then you agree to such amendments.

1.4. CERTAIN DEFINITIONS.

1.4.1. "We", "us", "our" or "Willowpay" means Willowpay, Inc.

1.4.2. "You" and "your" refers to the individual person who creates the associated Willowpay account and each and all of the persons who are granted access to, accept or use the account and any person who has guaranteed payment of the account.

1.4.3. "Services" means the "Buy with Willowpay" service and any other services or benefits we may provide you from time to time (including, without limitation, the "Willowpay Anywhere" service, if applicable).

1.4.4. Your "account" means your line of credit account with Willowpay, as described and governed by this Agreement. You may request extensions of credit to finance the purchase goods or services ("Goods") pursuant to a Service, which, if approved, may be accomplished via one of three ways (these are also further described later in this Agreement): (1) for any Merchant who has agreed with Willowpay to sell Goods to Willowpay customers pursuant to a retail installment sales contract, you will enter into such a contract with the Merchant, and then the Merchant will assign and transfer its interest in such contract to us; (2) for any Merchant who has agreed with Willowpay to only sell its Goods to Willowpay customers in exchange for Willowpay's directly lending to such customers, you will incur a loan from Willowpay, Willowpay will pay the proceeds of the loaned amount over to the Merchant, and the Merchant will deliver Goods to you; and (3) for any purchase you wish to make via the Willowpay Anywhere service, you will facilitate Willowpay's purchase of certain Goods and then choose to enter into a separate transaction under the terms of the Willowpay Retail Installment Contract, in order to transfer those Goods to you. Your account is an open-end credit program with a credit limit equal to your Available Spend (see below). When you choose to and we agree to finance a purchase using a Service (a "Willowpay Purchase"), your account is debited for the advance that we lend to you. Any fees, charges, or costs we impose also are debited to your account.

1.4.5. "Due Date" means any date by which you are required to make a payment as reflected on your Billing Statement or other communication provided to you by Willowpay, a Merchant, or a Retailer.

1.4.6. "Billing Statement" means any communication that Willowpay provides to you reflecting the activity on your account, the unpaid balances on your account, and/or the Due Dates associated with your account. Without limiting the foregoing, this includes any account dashboard that Willowpay makes available to you on its website and any statement or summary for a billing cycle that Willowpay makes available to you electronically or in writing.

1.5. PROVISIONS OF THIS AGREEMENT ARE SEVERABLE.

If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective.

1.6 Important Disclosures.

1.6.1. Your name and address, as set forth in the application you submitted to us for this account, is incorporated by reference.

Our Services

2.1. YOUR Willowpay ACCOUNT AND TERMS APPLICABLE TO ALL SERVICES.

2.1.1. QUALIFICATION FOR AND ACCESS TO YOUR ACCOUNT AND THE SERVICES. You must be qualified and receive an approval from Willowpay to use any Service. Whether you are qualified and whether any use of any Service is approved is determined by Willowpay in its sole discretion. Without limiting the foregoing, Willowpay may make such determinations when you request to open an account, when you request an additional Service, when you attempt to make a purchase and/or at any other time that Willowpay deems to be appropriate. Willowpay may close, suspend, restrict, or limit your account and/or your use of or ability to transact in connection with any Service in Willowpay's sole discretion at any time for any reason without notice to you. Willowpay also may cancel transactions at any time before a Merchant delivers any goods or services in its sole discretion at any time for any reason without notice to you.

2.1.2. USE OF YOUR ACCOUNT AND THE SERVICES.

You may use your account and the Services only for personal, family, or household purposes, and not for any business or commercial purposes. You may not use your account or any Service to make a payment on any other obligation you have with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. Without limiting the foregoing, you may not use your account or any Service in connection with any gambling activity or permit such use.

2.1.3. YOUR PROMISE TO PAY.

Each time you use a Service, you are requesting that Willowpay advance money for your benefit and you agree to repay each such advance and all other transactions, fees, charges, costs, expenses, and other obligations you incur in connection with your account. You promise to pay every required payment by its Due Date. Before completing any transaction involving any Willowpay Services, a Merchant, a Retailer, or Willowpay may disclose specific terms and conditions applicable to that transaction and the associated advance on your account. By completing the transaction, you accept and agree to any specific terms that are so disclosed.

For the complete Terms of Use document, please contact us at support@willowpays.com or visit our website for the full detailed agreement.