Website and Mobile Application Terms of Use
D5 Cash dba Earnifi (“Earnifi”)
Effective Date: January 14, 2026
Your use of this website and our mobile application are subject to these terms of use (the “Terms”). As used in these Terms, the term “Website” shall mean all digital materials and services that we make available to you on our website (earnifi.com), including, but not limited to any sub-sites, or through any mobile- or browser-based applications. Any loans or other services that we make available via the Website (the “Services”) may be subject to additional service-specific legal terms, which we will make available to you before you agree to receive such services. If there is any conflict between these Terms and any legal terms or requirements relating to any of our Services, the legal terms applicable to those Services shall control.
By using this Website or any of the Services, you expressly acknowledge that you have had the opportunity to read and understand these Terms, and that you agree to these Terms. Your use of this website shall constitute your legally enforceable acceptance of these Terms, which is an agreement between you and Earnifi, and its subsidiaries, affiliates, agents, representatives, officers, and directors (collectively, “Earnifi,” “us,” or “we”). If you do not agree to these Terms, do not access our website, or accept or use any of our Services. In addition to these Terms, your use of the Website and any of our Services is also subject to our Privacy Policy.
We may update or amend these Terms at any time for any reason by posting an updated version of these Terms on our Website. Such update will become effective immediately unless we expressly describe a later effective date in such updated Terms. If we make material changes to the Terms, we will provide you notice of such changes before they become effective. By using the Website after the effective date of any such update, you expressly agree to be bound by the updated Terms. You should regularly review these Terms, as your continued use of the Website and any of our Services after any such updates constitutes your agreement to the updated Terms.
These Terms shall continue to remain in-effect until revoked or terminated by us. We may, at our sole discretion, and at any time and for any reason, modify or terminate the website and any of our Services, without prior notice to you.
The Website
In addition to providing general information about our Services, this Website is also intended to enable you to request and obtain our Services. Before you request our services, you must first create an Online Account with us by filling out and submitting the required information in the Online Account registration form that we maintain on our Website. You may only request an Online Account from us once. As such, you may not request an Online Account if you have ever previously requested or obtained an Online Account.
You agree to maintain accurate, complete, and up-to-date information in your Online Account, including a valid phone number and email address. You must be at least of the age of legal majority in your state of residence to obtain an Online Account. You may not assign or otherwise transfer your Online Account to any other person or entity. You are responsible for all activity that occurs in connection with your Online Account, and you agree to maintain the security and secrecy of your Online Account credentials at all times.
We do not guarantee that the Website, any of our Services, or any portions thereof, will be available or function properly on any particular hardware or devices. In addition, the Website and our Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. You agree that we shall not be responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems, whether to you or to any third-party.
Permitted Use of the Website
In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Website and our Services, and you may only access or use the Website for lawful purposes. You may not access or use the Website to cause nuisance, annoyance, inconvenience, damage, or loss to us or to any other party.
Payments and Payment Transactions
Certain of the Services that we may provide to you may require that you pay us a fee for such Service. If payment of any required fee is required, your purchase of such service from us shall also constitute your authorization to us to debit any payment account that you have designated for such purpose in the amount of the fee that we disclosed to you for such Service.
Prices displayed to you in connection with any of our Services may be inclusive of any potentially applicable taxes. If we are unable to reasonably determine the exact amount of applicable taxes, we will make commercially reasonable efforts to estimate such taxes, but we may require you to pay more than the price that we stated to you if, for any reason, the actual amount of the required taxes exceeded our estimate. We may change our prices for any of our Services at any time and for any reason.
Ownership of Website; License; and Restrictions; Notices of Infringement
As between you and us, the Website, the Services, and all rights, title, and interest to each of them, including all related intellectual property rights therein, are and shall remain our property. These Terms are not a sale and do not convey or grant to you any rights in or related to the Website or the Services, or any intellectual property rights owned by us, except for the limited license granted herein.
Subject to your compliance with these Terms, in connection with your permitted uses of the Website, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Website solely in connection with your applying for and maintaining an Online Account and to request and obtain our Services; and (ii) access and use any content, information and related materials that we may make available to you through the Website, in each case solely for your personal, noncommercial use and using only electronic devices that you are authorized to use. Any rights not expressly granted herein are reserved by us. You agree that you will not use our copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Website, without prior express, written permission from us. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Website; or (vi) attempt to gain unauthorized access to or impair any aspect of the Website or its related systems or networks.
Electronic Communications
By creating an Online Account, you electronically agree to accept and receive electronic communications (the “Electronic Communications”) from us and from any applicable Third-Party Service Provider, and from our respective service providers. Electronic Commutations, may include, but shall not be limited to, communications sent to you via email, text message, telephonic calls, chat functionality that may be available via the Website, in-app communications, and push notifications. Electronic Communications may be directed to the mobile device on which you install our mobile app and/or to the telephone number(s) or email addresses that you provided to us. You expressly authorize us to send Electronic Communications to you that are generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by us or on our behalf, including but not limited to Electronic Communications concerning your Online Account or any Services. Message and data rates may apply.
You understand and agree that we may monitor and/or record any of your communications with us. You understand and agree that we may monitor and/or record your interactions with our website.
Any notice, demand, or request required or permitted to be given under these Terms shall be in writing and, except as otherwise provided, shall be deemed sufficient when sent by email or 2 Business Days after being deposited in the U.S. mail as certified or registered mail with postage prepaid. Notices to us shall be sent to us at 210 W 29th St, 9th Floor, New York, NY 10001, or in accordance with such other notification requirements that we may provide to you in writing. Notices to you will be sent to the most recent email and/or physical mail addresses you provided to us in connection with your Online Account, or to any other email and/or physical address that you provide to us, unless you have subsequently informed us that such email or physical address is invalid and have provided us with an updated email and/or physical address.
Disclaimers; Limitation of Liability; and Indemnity.
The Website is provided to you as-is. To the fullest extent permitted by any applicable law, we do not make any express or implied guarantees, representations, or warranties to you or to any third parties in connection with the Website. To the fullest extent permitted by any applicable law, we hereby expressly disclaim all representations or warranties of any kind, express or implied, as to the Website. We expressly disclaim all guarantees, warranties, conditions, and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and title or non-infringement. In no event shall we or any of our owners, officers, employees, agents, service providers, or affiliates (the “Parties”) be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on, the Website (including information and other content) or any third party websites or the information, resources or material accessed through any such websites.
To the fullest extent permitted by applicable law, you hereby knowingly and voluntarily waive any and all rights, claims, damages, or actions, including for any attorneys’ fees, against each of the Parties that may arise from the Website or from any of our Services. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such states liability is limited to the extent permitted by law. Accordingly, some of the above limitations of this section may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless each of the Parties from and against any and all claims, losses, expenses, demands or liabilities, including reasonable attorneys’ fees arising out of or relating to (a) your access to, use of, or alleged use of the Website; (b) your violation of these Terms, or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without our prior written consent if such settlement does not release us from all present or future, and known or unknown, liabilities that each of the parties thereto has or could come to have in the future with respect to any of the Services.
Governing Law
The validity, interpretation, construction, and performance of these Terms, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto and thereto shall be governed, construed, and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law.
Successors And Assigns
Except as otherwise provided in these Terms, the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of each of our respective permitted successors, assigns, heirs, executors, administrators, and legal representatives. We may sell, assign, or otherwise transfer any of our rights, economic benefits, or obligations under these Terms. You may not assign, whether voluntarily or by operation of law, any of your rights, economic benefits, or obligations under these Terms, except with our prior written consent.
Except as set forth in the Arbitration Agreement, if one or more provisions of these Terms are held to be unenforceable under applicable law, the parties agree to renegotiate such provision(s) in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision(s), then (i) such provision(s) shall be excluded from these Terms, (ii) the remaining portions of these Terms shall be interpreted as if such provision(s) were so excluded, and (iii) the remaining portions of these Terms shall be enforceable in accordance with their terms.