Terms of Use

Updated June 1, 2026

The website www.flexwage.com (the “Website”), the FlexWage mobile applications (the “Mobile Applications”), and the services, products, features, content, and functionality made available through them, including without limitation FlexWage OnDemand (collectively, the “FlexWage Services”), were created to facilitate employers’ ability to administer payroll-related payments and make available employees’ eligible earned wages. The FlexWage Services also enable eligible employees to access, manage, and disburse eligible earned wages and other available funds. Any employer or employee who registers for or uses the FlexWage Services is a “Registered User” or “You.” 

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms governing a Registered User’s use of the FlexWage Services and access to protected areas of the Website.

By registering for, accessing, or using the FlexWage Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.

Registered Users are required to affirmatively accept this Agreement during registration or login before accessing the FlexWage Services. “Login Credentials” refers to the username and password established during registration.

Certain publicly available portions of the Website may be accessed by visitors who are not Registered Users (“Visitors”). Visitors are subject only to those provisions of this Agreement applicable to website access, intellectual property protections, disclaimers, limitations of liability, and applicable law.

FlexWage Services are available only to eligible employees of employers that participate in the FlexWage Services on behalf of their eligible employees.

FlexWage may modify or update the Website, its subsites, and the FlexWage Services (for example, features, functionality, or content) at any time without prior notice. These operational updates do not amend or modify this Agreement, which may only be changed as provided in Section 3 (Changes to These Terms).

You agree to carefully and thoughtfully use the FlexWage Services and that the use thereof is for Your benefit at your own risk.  FlexWage makes no representation or warranty regarding the suitability of the FlexWage Services for Your particular circumstance.

Public areas of the Website are such areas that can be viewed by all Registered Users and Visitors.  Private areas of the Website include those areas only accessible by a Registered User using their Login Credentials.

If your account includes access to services provided by MX Technologies, the applicable MX Technologies Terms and Conditions (available at https://flexwage.com/mx-technologies-terms-and-conditions) will also be presented to you at login. You must review and agree to those terms in order to use MX-enabled features.

FlexWage reserves the right, in its sole discretion, to reject, refuse, or remove any request to use the FlexWage Services and/or suspend any account, or to restrict, suspend, or terminate your access to all or any part of the FlexWage Services at any time for good cause, including but not limited to fraud, misuse, violation of this Agreement, legal or regulatory requirements, or changes in your eligibility as determined by your employer. FlexWage will provide notice where practicable. Termination or suspension will not limit your ability to receive any wages already earned and payable through your employer.

1. Eligibility

Use of FlexWage Services is void where prohibited by law. By using the FlexWage Services, you represent and warrant that (a) all registration information you submit is truthful and maintained to be accurate; (b) you are of legal working age in your state of residence and authorized to be employed by your employer; and (c) your use of the FlexWage Services does not violate any applicable law or regulation. Your access may be deleted and your privileges may be terminated without warning if we believe that you are not of legal working age in your state of residence, are not authorized by your employer to participate in the FlexWage Services, or have made any material misrepresentation.

2. Term

This Agreement shall remain in full force and effect while you use the FlexWage Services or are a Registered User. You may terminate your access at any time, for any reason. FlexWage may terminate your access at any time, without warning, for good cause, including but not limited to fraud, misuse, violation of this Agreement, legal or regulatory requirements, or changes in your eligibility as determined by your employer. FlexWage will provide notice where practicable. Termination or suspension will not limit your ability to receive any wages already earned and payable through your employer. Even after access is terminated, this Agreement shall remain in full force and effect until all applicable terms, conditions and fees are satisfied.

3. Changes to These Terms

FlexWage may update these Terms. For any material change, FlexWage will provide prior notice and present the revised Terms at login for acceptance before the change becomes effective. Material changes include changes to fees, dispute resolution, arbitration or forum selection, privacy practices that expand how we use or share personal data, eligibility, or other changes that meaningfully affect your rights or obligations. Non-material changes, such as corrections, clarifications, or updates required by law, are effective upon posting with the updated effective date. If you do not accept a material change, you may stop using the Services. Any amounts already owed to you will remain payable under the prior version of the Terms. We maintain a version history and display the effective date.

4. Fees

The use of FlexWage Services is subject to the payment of applicable fees as set forth in our agreement with your employer and as disclosed at the time of registration and/or transaction, as applicable. However, FlexWage reserves the right, consistent with that employer agreement, to charge for the FlexWage Services and to change fees for other services from time to time in its sole but reasonable discretion.

5. Electronic Records and Signatures
By registering for and using the FlexWage Services, you consent to receive all required disclosures, agreements, notices, and other communications electronically. You understand and agree that your electronic signature has the same force and effect as a handwritten signature.

You must have access to the Internet, a current web browser, a valid email account, and the ability to download and retain PDF documents. By accepting these Terms, you confirm that you meet these requirements.

You may withdraw your consent to receive records electronically at any time by contacting FlexWage Support at support@flexwage.com. If you withdraw consent, FlexWage may terminate or limit your access to the Services.

You may request a paper copy of any record provided electronically by contacting FlexWage Support. A reasonable fee may apply unless prohibited by law.

6. Password

To use the FlexWage Services, Registered Users are required to select a password. You are responsible for maintaining the confidentiality of and will not disclose to any third party your Login Credentials. You agree not to use the account or Login Credentials of anyone other than You at any time. You agree to notify FlexWage immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

We implement reasonable safeguards; you must protect your credentials and notify us of any suspected compromise.

7. Non-commercial Use by Registered Users

The FlexWage Services are for the personal use of individual Registered Users only and may not be used in connection with any commercial endeavors except when endorsed and expressly approved by FlexWage.  Illegal and/or unauthorized use of the FlexWage Services, including without limitation, collecting names and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may result in termination of access. Unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. This restriction does not apply to employers and their authorized administrators using the FlexWage Services for business purposes.

8. Proprietary Rights in Content on FlexWage

Trademarks, Copyrights, Patents and Restrictions: All materials on this Website, including but not limited to all logos, trademarks, service marks, trade dress and content are or may be protected by copyrights, trademarks and patents which are owned and controlled by FlexWage or its affiliates or other parties that have licensed to FlexWage the right to use their material, and other users of the Site (“Proprietary Rights”).

Material from FlexWage may not be copied, quoted, reproduced, republished, displayed, modified, broadcasted, transmitted, or distributed in any way. Nothing contained in this Agreement shall purport to convey any ownership, license or other rights with respect to the Proprietary Rights, except as expressly provided below.

License to Use Services: FlexWage grants you a limited, revocable, non-transferable license to access and use the Website and FlexWage Services solely for their intended purposes and in accordance with this Agreement. This license does not convey any ownership rights in the Website, the Services, or any associated intellectual property, and may be terminated as provided in this Agreement.

You agree not to copy, reproduce, reverse engineer, derive works from, modify, distribute, scrape, misappropriate, or create confusingly similar variants of the Website, Services, platform functionality, or associated materials, except as expressly permitted by this Agreement or applicable law.

9. Disclaimers

FlexWage is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the FlexWage Services provided, whether caused by Registered Users of the FlexWage Services or by any of the equipment or programming associated with or utilized in the FlexWage Services.  

Inclusion of any linked website on FlexWage does not imply approval or endorsement of the linked website by FlexWage.  When you access these third-party sites, you do so at your own risk.  FlexWage takes no responsibility for third party advertisements which are posted on this Website or through the FlexWage Services, nor does it take any responsibility for the goods or services provided by its advertisers.  FlexWage is not responsible for the conduct, online or offline, of any Registered User of the FlexWage Services.  FlexWage assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Registered User account or communication.  FlexWage is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or other communication due to technical problems or traffic congestion on the Internet or on any of the FlexWage Services or combination thereof, including any injury or damage to Registered Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the FlexWage Services. Under no circumstances shall FlexWage be responsible for any loss or damage, including personal injury or death, resulting from use of the FlexWage Services or from the conduct, act or omission of any Registered Users of the FlexWage Services, whether online or offline. The FlexWage Services are provided “AS-IS” and as available and FlexWage expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  FlexWage cannot guarantee and does not promise any specific results from use of the FlexWage Services.

10. Limitation on Liability

You understand and agree that you use the FlexWage Services and Website and the material it contains are at your own discretion and risk. You agree that you will not hold FlexWage responsible for other users’ actions or inactions or in connection with the Website.

YOU UNDERSTAND AND AGREE THAT THE FLEXWAGE SERVICES AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLEXWAGE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE FLEXWAGE WEBSITE AND SERVICES (INCLUDING THE SERVER THAT MAKES IT AVAILABLE) AND ANY CONTENT IN CONNECTION THEREWITH, AND ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FLEXWAGE OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, JOINT VENTURERS, CONTRACTORS, CONSULTANTS, SUPPLIERS AND OTHER AFFILIATES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF OPPORTUNITY, LOSS OF PROFITS, PENALTIES, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE FLEXWAGE WEBSITE OR SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  NOTWITHSTANDING THE FOREGOING, IF FLEXWAGE IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED DOLLARS (U.S. $100).

11.  Disputes and Choice of Law

If there is any dispute about or involving the FlexWage Services, you agree that the dispute shall be governed by the laws of the State of Delaware, and federal law where applicable, without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delaware.

12.  Indemnity

You agree to indemnify, defend, and hold FlexWage, its subsidiaries, and affiliates, and its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, attorneys, joint ventures, contractors, consultants, business partners, suppliers and other affiliates, harmless from any loss, liability, claim, or demand, including attorneys’ fees and costs, made by any third party due to or arising out of your use of the FlexWage Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above that causes FlexWage to be answerable or liable to another.

13. Data Reporting

You understand and agree that FlexWage may use aggregated data collected from You and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, FlexWage in no way controls, verifies, or endorses any of the information contained on or in the FlexWage Services.

In addition to aggregated reporting, you authorize FlexWage to share your information with your employer and with service providers as described in the FlexWage Privacy Policy, as necessary to operate, support, and improve the FlexWage Services.

14. Other

This Agreement is accepted by and upon Your use of the Website or any of the FlexWage Services and is further affirmed by you becoming a Registered User. This Agreement constitutes the entire Agreement between You and FlexWage.  The failure of FlexWage to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision or any other right or provision contained herein.  The section titles in this Agreement are for convenience only and have no legal or contractual effect.  FlexWage is a trademark of FlexWage Solutions LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

FlexWage may assign or transfer this Agreement, in whole or in part, to any affiliate, successor, or acquirer, or in connection with a merger, acquisition, corporate reorganization, or sale of assets, without notice to you. FlexWage may also use contractors and service providers to perform the Services. This Agreement is binding upon and ensures to the benefit of the parties and their respective successors and permitted assigns. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent.

15. Global Nature of the Internet

Recognizing the global nature of the Internet, You agree to comply with all rules regarding online conduct and use of this Website. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.  FlexWage makes no representation that materials on this Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.

16. Notice for California Users

Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights information:

(a) Contact Information. You can contact us in writing at: FlexWage Solutions LLC, 13430 N Scottsdale Rd, Suite 104-8, Scottsdale, AZ  85254, United States

(b) Complaints. The procedures that you may follow in order to resolve a complaint regarding this Website or products/services purchased from FlexWage are as follows: Contact the California Department of Consumer Affairs to resolve a complaint. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Site by contacting the California Department of Consumer Affairs.

For any questions regarding this Terms of Use Agreement please visit the “Contact Us” area of the Website.

17. Notice for Kansas Users

Where applicable law requires that certain Earned Wage Access transactions be provided at no cost, you may be entitled to receive a transaction without charge. To request information about eligibility or to initiate a no cost transaction, contact FlexWage Support at support@flexwage.com.

The availability, number, and conditions of any no cost transactions are determined by applicable law and our agreement with your employer. FlexWage will not assess a fee for any transaction that applicable law requires to be provided at no cost. This notice supplements Section 3 Fees and does not modify any other terms of this Agreement.

18. Payroll Debit Cards

If you have chosen to receive a FlexWage Payroll Debit Card or any other payroll debit card, the separate Cardholder Agreement provided with your card by the card issuer governs your use of that card. These Terms only apply to your use of the FlexWage website and associated online services.

19. Mobile Application Terms
Your use of the FlexWage mobile applications (the “Apps”) is subject to this Agreement. FlexWage grants you a limited, revocable, non-transferable license to install and use the Apps on a compatible mobile device you own or control, solely for your personal use.

If you download and use the App on an Apple device, you acknowledge that this Agreement is between you and FlexWage, not with Apple, and that Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to the App.

If you download and use the App on an Android device, you acknowledge that this Agreement is between you and FlexWage, not with Google.

You agree to comply with all applicable third-party terms of agreement when using the Apps.

20. SMS Messaging Terms

Messaging Program: By opting into FlexWage Solutions’ SMS messaging program, you agree to receive text messages related to account updates, enrollment support, urgent notifications, and other customer service communications. FlexWage does not send promotional or marketing text messages.

Frequency: You may receive messages as needed to service your account. Message and data rates may apply.

Opt-Out Instructions: You can opt out of receiving SMS messages at any time by replying STOP to our messages. You may also opt out by contacting customer support at support@flexwage.com.

Help: For assistance with our SMS messaging program, email us at support@flexwage.com.

Supported Carriers: FlexWage supports most major US carriers, including AT&T, Verizon, T-Mobile, and others. Message delivery is not guaranteed on all carriers or devices.