By registering, creating a profile, or otherwise using the Ernesto Pay platform (the “Platform,” “Ernesto Pay,” “we”), you agree to be legally bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree, you must not use the Platform.
Ernesto Pay is operated by Ernesto Pay LLC, a limited liability company organized under the laws of the State of Florida, United States (the “Company”).
Ernesto Pay is a technology platform that allows service workers (“Workers”) to create a public digital profile and receive voluntary gestures of economic recognition (“Recognitions”) from clients (“Clients”), through a QR code or personal link.
Ernesto Pay is NOT a bank, financial institution, payment processor, or money transmitter. Ernesto Pay acts exclusively as a technology platform for digital identity and discovery. Funds processing is carried out entirely by Stripe, Inc. and its affiliated entities (“Stripe”), an independent third party, under its own Connected Account Agreement, which the Worker must accept separately.
Funds corresponding to each Recognition are transferred directly from the Client’s account to the Worker’s connected Stripe account (“Direct Charges” model). Ernesto Pay never owns, holds, or takes custody of the Worker’s funds at any time; its involvement is limited to automatically collecting its application fee at the time of the transaction.
You must be at least 18 years old to create a Worker profile on Ernesto Pay.
You must provide truthful, complete, and up-to-date information during registration.
You must have the legal capacity to enter into binding contracts under the laws of your jurisdiction.
You must complete the identity verification process required by Stripe to activate your account and receive funds.
To activate a profile, the Worker must: (a) complete registration with name, photo, occupation, and city; (b) complete the Stripe Connect onboarding process, including identity verification and tax information required directly by Stripe; and (c) pay the applicable annual membership fee (see Section 8).
The Worker is solely responsible for the accuracy of the information on their public profile, including their name, photo, occupation, and place of work. Ernesto Pay does not independently verify this information beyond what Stripe requires for compliance (KYC).
The Worker is responsible for maintaining the confidentiality of their access credentials and for all activity that occurs under their account.
The Worker acknowledges and agrees that their relationship with Ernesto Pay LLC is that of an independent contractor, and not that of an employee, agent, partner, or legal representative of Ernesto Pay LLC. Nothing in these Terms shall be construed as creating an employment, partnership, joint venture, franchise, or agency relationship between the Worker and Ernesto Pay LLC.
Accordingly, the Worker acknowledges that: (a) Ernesto Pay LLC does not exercise control or supervision over the manner in which the Worker provides services to their Clients; (b) the Worker is not entitled to benefits, perks, health insurance, unemployment compensation, workers’ compensation, or any other benefit typical of an employment relationship as a result of their use of the Platform; (c) the Worker is solely responsible for their own tax, professional licensing, and regulatory obligations related to their occupation, independent of the specific tax obligations relating to Recognitions described in Section 11; and (d) Recognitions received by the Worker through the Platform come directly from their Clients, not from Ernesto Pay LLC, and do not constitute salary, wages, or compensation paid by Ernesto Pay LLC.
Payments made by a Client through the Platform are voluntary, unilateral gestures of gratitude (gifts), without any enforceable additional consideration of service, and do not constitute payment for a good or service, nor do they create a contractual relationship between the Client and Ernesto Pay.
Ernesto Pay does not guarantee, promise, or represent any minimum or expected amount of Recognitions for any Worker. The amount and frequency of Recognitions depend entirely on the Clients’ own discretion.
These Recognitions may constitute taxable income for the Worker under applicable tax law, as described in Section 11.
All sensitive financial information — including Social Security Number (SSN), bank details, and card data — is collected, stored, and processed exclusively by Stripe. Ernesto Pay never receives, views, or stores this information.
The Worker accepts and acknowledges that the use of payment services is additionally subject to the Stripe Connected Account Agreement and Stripe’s Privacy Policy, available at stripe.com/legal.
Ernesto Pay is not responsible for failures, delays, chargebacks, fraud, or service interruptions caused by Stripe or by the Worker’s banking institutions.
Any dispute relating to the payment processing itself (as opposed to use of the Platform) must be resolved directly between the Worker/Client and Stripe, in accordance with Stripe’s terms.
Ernesto Pay reserves the right to automatically deduct its application fee (currently 5%) from each processed Recognition, as detailed in Section 8.
The Worker may receive their first three (3) Recognitions without purchasing the annual membership. This initial period waives only the membership fee; it does not waive the application fee described below, which applies to every Recognition from the first one.
Beginning with the fourth (4th) Recognition, continued use of the Platform as a Worker requires payment of an annual membership (“Founding Member Price”), currently $14.99 USD, automatically renewing every 12 months at the same rate for those who registered under that price. Ernesto Pay reserves the right to modify the membership price for new users in the future. While the membership remains unpurchased or unpaid, the public profile may be suspended and may not receive new Recognitions.
Regardless of membership status, Ernesto Pay charges an application fee of 5% on each processed Recognition, including the first three (3) of the initial period, automatically deducted before funds reach the Worker’s account. This charge is separate from, and in addition to, Stripe’s standard processing fee, which is likewise deducted from the Worker’s funds under the Direct Charges model described in Section 7.
The Worker expressly authorizes these charges by accepting these Terms. Failure to pay the membership fee may result in suspension or deactivation of the public profile.
Each annual membership renewal requires the Worker to accept again the tax responsibility acknowledgment (Section 11) and the consent to electronic communications (Section 12). Ernesto Pay will request both acceptances within the Platform before completing the renewal; if the Worker does not grant them, the renewal is not completed and the public profile remains suspended until they do.
The Worker is solely responsible for the content they upload to the Platform, including their profile photo, name, description of occupation, and any other material (“User Content”).
By uploading User Content, the Worker represents and warrants that: (a) they own the rights to such content or have authorization to use it; and (b) the content does not infringe any intellectual property, privacy, or other third-party rights.
The Worker grants Ernesto Pay a non-exclusive, worldwide, royalty-free license to use, display, and reproduce their User Content solely for the purpose of operating and promoting their public profile within the Platform.
Ernesto Pay reserves the right to remove any User Content that violates these Terms, third-party rights, or that is reported as inappropriate, without prior notice.
Ernesto Pay respects the intellectual property rights of third parties and expects its users to do the same. Ernesto Pay responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
Any rights holder who believes their work has been reproduced on the Platform without authorization may send a DMCA notice to our Designated Agent, including: identification of the copyrighted work, location of the content on the Platform, contact information, and a good-faith statement made under penalty of perjury.
Upon receipt of a valid notice, Ernesto Pay will promptly remove or disable access to the reported content (notice-and-takedown).
Ernesto Pay reserves the right to terminate the accounts of repeat infringers.
A Worker affected by a takedown may submit a counter-notice in accordance with the same legal procedure.
Designated Agent of Ernesto Pay LLC (Copyright Office Registration No. DMCA-1075588):
Name: Copyright Agent, Ernesto Pay LLC
Address: 11815 Globe St, Orlando, FL 32832, United States
Phone: (754) 304-5922
Email: legal@ernestopay.com
The complete notice and counter-notice procedure is available at ernestopay.com/dmca.
The Worker is solely responsible for reporting all income received through the Platform to the Internal Revenue Service (IRS) and any applicable state or local tax authority, regardless of whether they receive a Form 1099-K.
Stripe will issue Form 1099-K when the Worker exceeds the applicable thresholds established by the IRS. Ernesto Pay does not provide tax or legal advice and recommends that each Worker consult an independent accountant or tax advisor.
This tax responsibility acknowledgment is accepted at registration and must be accepted again every twelve (12) months, at the same time as the annual membership renewal described in Section 8. Ernesto Pay keeps a record of every acceptance, including date and time, the version of the text, and the language in which it was presented.
Upon registering, the Worker expressly consents to receive electronically, rather than on paper, all disclosures, notices, agreements and documents relating to their account —including Recognition confirmations, billing notices and tax documents— pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.
This consent must be granted again every twelve (12) months, at the same time as the annual membership renewal described in Section 8. Ernesto Pay will request the new acceptance within the Platform before completing the renewal.
The Worker may withdraw this consent at any time from their account settings or by writing to legal@ernestopay.com. Because the Platform operates exclusively through electronic communications and has no capability to deliver disclosures on paper, withdrawing consent prevents continued use of the service: access to the account is blocked immediately upon withdrawal and the public profile stops receiving new Recognitions.
Withdrawal operates prospectively and does not affect the validity of any transaction, acceptance or electronic communication completed before the withdrawal. Funds already credited to the Worker’s Stripe account remain under the Worker’s control under Stripe’s terms, and withdrawing consent does not restrict the Worker’s access to those funds or to the tax information Stripe provides directly.
The Worker may request reactivation of the account by granting the consent again.
Ernesto Pay keeps a record of every grant and every withdrawal of this consent, including date and time, the version of the text, and the language in which it was presented.
The Platform is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Ernesto Pay does not warrant that the service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.
To the maximum extent permitted by applicable law, Ernesto Pay LLC, its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for loss of revenue, data, or funds, arising from the use or inability to use the Platform.
Ernesto Pay’s total aggregate liability for any claim arising under these Terms shall not exceed the total amount paid by the Worker to Ernesto Pay in membership fees during the twelve (12) months preceding the claim.
Ernesto Pay is not liable for: (a) errors, delays, or failures in payment processing attributable to Stripe or banking institutions; (b) losses caused by false or incomplete information provided by the Worker; or (c) disputes between the Worker and their Clients regarding the amount or purpose of a Recognition.
The Worker agrees to indemnify, defend, and hold harmless Ernesto Pay LLC and its affiliates from and against any claim, demand, loss, or expense (including reasonable legal fees) arising from: (a) their use of the Platform; (b) their User Content; (c) their breach of these Terms; or (d) their violation of third-party rights, including intellectual property rights.
Ernesto Pay reserves the right to suspend or terminate a Worker’s access to the Platform, with or without prior notice, in the event of a breach of these Terms, fraudulent activity, or a request from competent authorities.
The Worker may request deactivation of their profile at any time. Funds already deposited in their Stripe account remain under the Worker’s control in accordance with Stripe’s terms.
Any dispute arising out of or relating to these Terms will be resolved through binding, individual arbitration, with both parties waiving their right to a jury trial and to participate in class actions, to the extent permitted by applicable law.
The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the proceeding is initiated, and will be seated in the State of Florida.
Ernesto Pay will cover the administrative and filing costs of arbitration that exceed what the Worker would otherwise owe under the AAA’s consumer dispute rules, so that the cost of initiating a claim is not a disproportionate barrier for the Worker.
Notwithstanding the foregoing, either party may elect to bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, provided the claim qualifies under that court’s monetary limits.
An arbitrator, and not a judge or court, will resolve any dispute regarding the interpretation, applicability, or scope of this arbitration clause, except for the validity of the class action waiver, which is reserved to the competent courts.
The annual membership is non-refundable once payment has been processed, unless applicable law requires otherwise. The initial period of three (3) Recognitions without membership carries no credit, refund, or monetary value, and is non-transferable. Recognitions processed between Clients and Workers are non-refundable by Ernesto Pay; any chargeback dispute must be handled through Stripe in accordance with its policies.
Ernesto Pay may modify these Terms at any time. Material changes will be notified at least 15 days in advance via email or notification within the Platform. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.
These Terms are governed by the laws of the State of Florida, United States, without giving effect to its conflict-of-law provisions, except as otherwise provided in the arbitration clause in Section 17.
For questions about these Terms, DMCA notices, or any other legal matter, contact: legal@ernestopay.com.