Supplemental Terms of Use for Operators

Last updated Dec 7, 2022

By using The Harvest Collective LLC d/b/a ShinePay’s (“ShinePay,” “we,” “our,” or “us”) platform to manage payments collected for the use of Your (“You, Your and Youself” means your business) operated washing machines and clothes dryers, electrical vehicle chargers and other ShinePay services (collectively the “ Operator Services”), You agree to be bound by ShinePay’s Terms of Use, Privacy Policy, End Users License Agreement, Return Policy, Supplemental Terms for Purchase of Products and Credits and these Supplemental Terms of Use for Operators (the “Operator Terms”), policies and guidelines applicable to the Operator Services (as defined in the Operator Terms). The ShinePay platform includes ShinePay.co, ShinePay.io, ShinePay’s other websites, and any application offered by ShinePay via Apple's software distribution platform and Google's software distribution platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (the “ShinePay Platform”). If You are using the Operator Services on behalf of a business, You must accept these terms to use the Operator Services. The Operator Services may only be used for business purposes according to all applicable laws, rules, and regulations of the fifty states of the United States of America and the District of Columbia. By accepting the Terms of Use and the Operator Terms, You agree to be bound by them.

ShinePay Operator Services

1. Our Operator Services include collecting pre-paid amounts from consumers to allow access and use of Your or Other operators’ washing machines, clothes dryers and electrical vehicle chargers. ShinePay operates as a digital platform for allowing people (the “End Users”) to prepurchase laundry machine, dryer and electrical vehicles charging usage and then apply those funds to activate Your or other Operators’machines (“Credits”) and use them, for instance to have their clothes laundered or electrical vehicles charged. Our Operator Services allow You to accept payments digitally and without the use of coins from End Users who have the ShinePay mobile application installed on their cellular telephones and have purchased Credits for this purpose and currently have sufficient funds in their associated account. End Users will be responsible for maintaining their accounts through the mobile application and for keeping a sufficient balance for their desired services in it. They will not be able to use Your machines without sufficient Credits that they have purchased in advance in their account.

Operator Services: Payment services and Your Authorization

2. In connection with the Operator Services, ShinePay is the merchant. We allow purchases of Credits by End Users and allow them to use the Credits at Your location. We charge You a fee for our Operator Services as set forth below. We pay You the net proceeds (“the Proceeds) from the End Users that use the Credits at Your or other operators’ locations less our Fees, returns, and other costs associated with Your ShinePay Account and any reserve required below on a schedule set forth below. The account where this activity is documented is Your ShinePay “Account.”

You authorize ShinePay to do this until Your ShinePay Account is closed or terminated. This authorization also permits us to debit any of Your linked bank accounts at any time for the purposes specified in these Operator Terms.

3. Our Fees

You agree that we charge for each usage of one of Your washing machines, clothes dryers and electrical vehicle chargers and additional charges as set forth in schedule A, (our “Fees”). Subject to these Operator Terms, we reserve the right to change our Fees upon thirty (30) days’ advance notice. You must agree to the change in Fees to continue to use the Operator Services. All Balances and all Fees, charges, and payments collected or paid through the Operator Services are denominated in US dollars.

4. Payment Errors

We will attempt to fix any and all payment errors we discover. If the error resulted in Your receipt of fewer funds than You were entitled, we will credit Your ShinePay Account Balance for the difference. If the error results in Your receipt of more funds than You were entitled, ShinePay will debit the extra funds from Your ShinePay Account Balance, Your linked bank account if available, or we will request a return of the funds as a condition of further usage of the Operator Services. We will attempt to correct transactions that if You notify us of an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on Your electronic transaction history will be deemed a waiver of any right to amounts owed to You or amounts You may be owed but failed to receive.

5. ShinePay Account Registration for Operator Services

You must open a ShinePay Account to access our Operator Services and obtain any Proceeds owed to You. You confirm that You are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which You operate and that You are an authorized signatory for the business You represent. You cannot transfer Your ShinePay Account to another business or owner. You cannot move machines to another location with authorization from ShinePay.

If you register to create an account to receive payments via our application, you expressly authorize The Harvest Collective LLC d/b/a ShinePay’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

Use of Your ShinePay Account for Operator Services

6. Access to Proceeds

We will settle Proceeds to Your verified bank account, subject to the payout schedule described in Section 7. You must link an ACH-enabled bank account to Your ShinePay Account in order to receive Your Proceeds. ShinePay is not responsible if you fail to add the correct account.

7. Payout Schedule

We payout Your Proceeds to Your verified bank account as requested by You in the ShinePay platform. Some delays may occur due to delays in the banking system. You can set up Your payments to be automatically sent to you each month for only $5 per month per location. You must follow the instructions on the ShinePay platform to receive these funds automatically. All balances or funds from the chosen location will be transferred to the selected bank account on or about the 1st of the month at 3AM PST/PDT time.

8. Availability of Proceeds

We may defer payout or restrict access to Your Proceeds if we need to investigate or resolve any pending dispute related to Your use of the Operator Services. We also may defer payout or restrict access to Your Proceeds as necessary to comply with applicable law or court order, if requested by any governmental entity or as warranted by risks posed by You. We may establish a reserve if circumstances warrant.

9. ShinePay Account History

When funds are transferred to Your ShinePay Account, we will update Your ShinePay Account activity on the website and provide You a transaction confirmation. The confirmation will serve as Your receipt. Summaries of Your ShinePay Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, You are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with Your ShinePay Account and Your use of the Operator Services, and (b) reconciling all transactional information that is associated with Your ShinePay Account. If You believe that there is an error or unauthorized transaction activity is associated with Your ShinePay Account, You must contact us immediately.

10. ShinePay Account Balances

While You have funds in Your ShinePay Account (Your “Balance”), Your Balance will be co-mingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on Your behalf and for the benefit of You and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for You. As consideration for using the Operator Services, You irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of Your Balance in a Pooled Account.

11. Dormant ShinePay Accounts

If You do not process payments through Your ShinePay Account for an extended period of time, You may have a Balance that is deemed “unclaimed” or “abandoned” under Your state’s law. If this occurs, ShinePay will provide You with notice as required by applicable law and instructions for how to obtain Your Balance. If funds still remain in Your ShinePay Account, ShinePay will escheat such funds if required by applicable law or, as permitted, to ShinePay.

Chargebacks

12. Your Liability for Chargebacks

There may be times when an End User may contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to ShinePay (a “Chargeback”). Reasons for a Chargeback include but are not limited to (a) a disputed transaction, (b) a transaction reversed for any reason by Our payment processor, an End User or a financial institution, (c) a transaction that was not authorized by the cardholder or financial institution, our payment processor or ShinePay has reason to believe that the transaction was not authorized, (d) a transaction is allegedly unlawful, suspicious, or in violation of these Operator Terms. In such an instance, Your ShinePay Account will be debited for the Chargeback. You agree to assist and abide with any request by us or our payment process relating to the Chargeback. Currently, ShinePay does not assign such Chargebacks to You. ShinePay reserves the right to assign liability for such chargebacks and You accept liability associated with such Chargebacks.

13. Our Collection Rights for Chargebacks

For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a separate account. Although we do not currently recoup Chargebacks from You, in the future we may. You agree that we may recoup the amount of any Chargeback and any associated Fees, fines, or penalties assessed by any of our vendors or our processors from Your ShinePay Account, any proceeds due to You, or any bank account or other payment instrument linked to any of Your ShinePay Account. If You have pending Chargebacks, we may delay payouts from Your ShinePay Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to You until such time that: (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which Your customer may dispute that the transaction has expired; or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which You are liable, You agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by You.

Your Additional Obligations

14. Customer Service

You are solely responsible for all customer service policies and issues relating to Your washing machines and dryers, electrical vehicle chargers or other devices You use with our Platform. In performing customer service, You will always present Yourself as a separate entity from us. As between You and us, we are solely responsible for customer service issues relating to any ShinePay Account, ShinePay device, Operator Services provided on the ShinePay platform, or payment made to or from ShinePay.

15. Washing Machine, Clothes Dryer Electrical Vehicle Charging Minimum Service Quality

All washing machines, clothes dryers, electrical vehicle chargers and any other machine or device connected to the Operator Services and offered by to End Users must be kept operational and functioning to an appropriate level at all times that End Users are using them by You. You agree, by using the Operator Services, to maintain the machines to a reasonable degree such that End Users may operate them. Failure to do so may result in ShinePay limiting Your access or ultimately terminating Your access to the Operator Services, as well as making You liable for all Chargebacks and refunds that result from End Users’ inability to properly operate Your machines. As we do not have any direct access to or control of the machines attached to the Operator Services, we depend on You to maintain all machines and we shall not be liable in any way for any loss or damage resulting from an End User’s use of any machines and You shall indemnify and hold harmless ShinePay from any claims whatsoever which result from an End User’s use of a machine through the Operator Services. ShinePay also reserves the right to investigate any reports or claims from End Users that machines associated with the Operator Services do not meet these minimal operational standards, and reserve its right to revoke access to the Operator Services until those machines are brought up to a reasonable standard of operation.

16. Refunds and Returns

By Your use of the Operator Services, You agree to provide refunds and adjustments for Your laundry and electrical vehicle charging services through Your ShinePay Account in accordance with these Operator Terms when properly requested. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original payment data.. If Your refund policy is unsatisfactory to the customer, You may still receive a Chargeback relating to such sales. If Your available ShinePay Balance is insufficient to cover the refund, ShinePay will withdraw up to the requested refund amount (the amount used by End Users, minus the initial transaction fee) from any connected ShinePay Account and credit it back into Your End User’s account. The Fees are also refunded by ShinePay, so the full amount charged is always returned to Your End User. ShinePay has no obligation to accept any returns of any of Your Operator Services on Your behalf. You may utilize Refund Requests Processing (RRP) to process End User refund requests. RRP allows ShinePay to review each End User refund request and process them for You. If it appears that one of the End Users is abusing the request feature our team will reach out to you for further action. You can turn this feature off at any time by following directions on the ShinePay platform. The feature will be Free for 3 months. After 3 months RRP will cost $5/month per account (this will cover all End Users at all locations on all machines within the account).

If You do not process refund requests within 30 days, ShinePay will automatically turn on RRP and process the pending refund requests.

17. Additional Indemnity

In addition to Section 16 of these Terms, You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by You through the Operator Services (including the accuracy of any content or product, service, or transaction information that You provide or any claim or dispute arising out of products or services offered or sold by You).

18. Termination of Operator Services

ShinePay may Terminate Your use of the Operator Services at any time for any reason. Any termination of these Operator Terms does not relieve You of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Terms or the Terms of Use. If Your access to Operator Services has been terminated, You may still be permitted to use ShinePay’s other products, subject to our discretion.

19. Operator Services Upon Closure of Your ShinePay Account

Closure of Your ShinePay Account will cancel any pending transactions. Any funds that we are holding in custody for You at the time of closure, less any applicable Fees, will be paid out according to the above Operator Terms, subject to the other conditions in these Operator Terms. If an investigation is pending at the time You close Your ShinePay Account, we may hold Your funds as described herein. If You are later determined to be entitled to some or all of the funds, we will release those funds to You.

20. Survival

The following sections will survive termination of these Operator Terms: 4 (Payment Errors), 6 (Access to Proceeds), 7 (Payout Schedule), 8 (Availability of Proceeds), 9 (ShinePay Account History), 10 (ShinePay Account Balances), 11 (Dormant ShinePay Accounts), 12 (Your Liability for Chargebacks), 13 (Our Collection Rights for Chargebacks), 15 (Customer Service), 16. Returns and Refunds) and 17. (Additional Indemnity).

22. Entire Agreement

These Operator Terms, including and together with any related exhibits, constitutes the sole and entire agreement between ShinePay and You with respect to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, both written and oral, regarding such subject matter.

23. Severability

If any term or provision of these Operator Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Operator Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

24. Waiver

No waiver of any of the provisions of these Operator Terms shall be effective unless explicitly set forth in writing and signed by ShinePay.

25. No Third-Party Beneficiaries

Nothing in these Operator Terms confers on any person besides You and ShinePay any legal or equitable right of any nature whatsoever.

26. Choice of Law

These Operator Terms and all matters arising out of or relating to these Operator Terms, are governed by, and construed in accordance with, the laws of the State of California, without giving effect to the conflict of laws provisions thereof.

27. Force Majeure

Any delay or failure of ShinePay to perform its obligations under these Operator Terms will be excused to the extent that the delay or failure was caused directly by an event beyond ShinePay’s control, without ShinePay’s fault or negligence and that by its nature could not have been foreseen by ShinePay or, if it could have been foreseen, was unavoidable (which events may include natural disasters, epidemics, pandemics, embargoes, explosions, riots, wars, acts of terrorism, strikes, labor stoppages or slowdowns or other industrial disturbances, and shortage of adequate power or transportation facilities).

Schedule A

Pricing

Credit Card Transaction Fee: 3.9%

$0.35 to reload user accounts

Refund Requests Processing (RRP) $5/month per account

Subscription Pricing

ShineKiosk = $25/month/Kiosk

Autmatic payouts = $5/month/location

EV Chargers = $10/month

PowerPay Hardware Pricing

120V PowerPay = $299/pcs

220V PowerPay = $349/pcs