Effective Date: November 1st, 2024
Last Updated: August 10, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Contractor" or "User") and PoolHall LLC, d/b/a Payday Social ("Company," "we," "us," or "our"). By creating an account, accessing, or using our platform ("Platform"), including our website at payday.social and our mobile applications available through the Apple App Store and Google Play Store, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Platform.
By signing up on our Platform and participating in campaigns, you agree to provide services ("Services") as an independent contractor for the specific brand ("Brand") running that campaign. Services may include promotional content, user-generated content, market research, product testing, data collection, video or audio submissions, task demonstrations, or other campaign deliverables described in the campaign. You are not an employee, contractor, partner, or agent of payday.social or PoolHall LLC in relation to the content or materials you produce. Each campaign's specific terms, deliverables, and compensation ("Campaign Terms") are provided on the Platform and form an integral part of these Terms. payday.social acts solely as an intermediary that connects you to the Brand, facilitates payments, and enforces campaign terms.
Payments will be made through one of the following methods, as specified on the Platform:
It is your responsibility to ensure that accurate payment information is provided in your account settings to avoid delays.
As an independent contractor, you are solely responsible for reporting and paying any applicable taxes on income earned through the Platform. The Company will not withhold taxes or make contributions for social security, unemployment insurance, or disability insurance on your behalf. If required, the Company will issue a Form 1099-MISC for annual earnings. In the event of legal fees or fines resulting from your non-compliance with FTC or other advertising regulations, you agree to bear these costs.
Some payment methods, including Wise and Bill.com, may require you to complete and submit tax documentation before payment can be processed. This may include IRS Form W-9 for U.S. persons, IRS Form W-8BEN for non-U.S. persons, or other documentation required for tax reporting, withholding, fraud prevention, payment compliance, or recordkeeping.
By submitting tax documentation, completing a tax form through a third-party signing tool, or confirming on the Platform that you completed a tax form, you represent that the information you provide is accurate, complete, current, and submitted by you or by someone legally authorized to act on your behalf. You authorize the Company and its service providers to collect, receive, review, store, process, and use your tax documentation and related personal information for payment administration, tax reporting, withholding, compliance, fraud prevention, legal obligations, and recordkeeping as described in our Privacy Policy.
You are responsible for choosing the correct tax form, keeping your tax and payment information up to date, and not submitting false, incomplete, or misleading tax information. The Company does not provide tax, legal, or accounting advice. You should consult your own tax advisor if you have questions about which form to submit or how your earnings should be reported.
The Company may delay, suspend, withhold, reject, or refuse payment until required tax documentation is received, reviewed, and approved. To the fullest extent permitted by law, you are responsible for any taxes, penalties, backup withholding, payment delays, rejected payments, or other consequences arising from inaccurate, incomplete, outdated, or fraudulent tax or payment information that you provide.
From time to time, the Company may offer a referral program that allows Users to earn rewards by referring new users to the Platform. Specific referral terms, payout amounts, and eligibility requirements will be outlined on the Platform or communicated directly.
The Company reserves the right to modify, suspend, or terminate the referral program at any time, with or without notice. Fraudulent referrals, self-referrals, misuse of the system, or failure by the referred user to use the correct referral code at the time of sign-up may result in forfeited rewards and/or account termination. Only referrals that properly use the assigned code at initial sign-up will be considered eligible.
If a Brand disputes the validity of reported metrics, the Company may withhold payment until the dispute is resolved. The Company is not liable for delayed or withheld payments resulting from Brand disputes.
Campaigns on the Platform are funded by Brands. The Company's obligation to pay you any compensation for a campaign arises only if and to the extent the Company has actually received from the applicable Brand cleared, settled, and non-reversible funds sufficient to cover that compensation ("Funded Amounts").
Earnings, balances, or projected amounts displayed on the Platform reflect performance recorded against the Campaign Terms. They are estimates of amounts that may become payable, are not a representation that corresponding funds have been received from the Brand, and do not create a debt, deposit, or account payable owed to you by the Company.
You acknowledge and agree that:
Payment upon later receipt. If the Company subsequently receives cleared funds attributable to your previously unfunded earnings, it will disburse the corresponding amount to you in the next regular payment cycle, less any amounts properly withheld or recovered under these Terms, provided your account remains in good standing and all required tax and payment information is current.
Pursuit of nonpaying Brands. The Company may, in its sole discretion, pursue collection from a Brand that fails to fund a campaign, but is under no obligation to do so and has no obligation to commence or continue any demand, litigation, arbitration, collection action, or insolvency claim. Your recourse for unfunded compensation is against the applicable Brand as the contracting principal under Section 3.1.
No trust or escrow. Funds received by the Company from Brands are prepaid campaign costs held in the Company's own accounts. They are not held in trust, escrow, or any fiduciary capacity for you, are not segregated for your benefit, do not constitute a deposit, and do not earn interest for you, except where applicable law requires otherwise.
Suspension and pausing. The Company may pause or suspend a campaign, and may block the creation of new work, retainers, bonuses, or other new earning opportunities, at any time when campaign funding is unavailable, insufficient, or in question. Section 8.5 governs the effect of a pause.
If a payment from a Brand is charged back, reversed, disputed, refunded, recalled, voided, withdrawn, or otherwise fails to clear or is required to be returned, whether before or after the Company has recognized or paid corresponding earnings to you (a "Reversal"), the Company may:
The Company will notify you of a Reversal affecting your earnings and, on written request, provide a reasonable summary identifying the affected campaign and amount. The Company will not recover from you more than the amount actually reversed and not otherwise recovered, and will not seek recovery of amounts that applicable law prohibits it from recovering from you. This Section survives termination of these Terms and deactivation of your account.
You are an independent contractor and not an employee, agent, or representative of the Company or any Brand. Nothing in these Terms creates a partnership, joint venture, or employer-employee relationship. When participating in a campaign, you are contracting directly with the Brand for that specific campaign. payday.social serves solely as a facilitator, providing the infrastructure for campaign management and payment. payday.social is not a party to any content ownership, licensing, or contractual rights related to deliverables created for the Brand.
You are not authorized to make representations, commitments, or agreements on behalf of the Company or the Brands.
You are responsible for all costs and expenses incurred in performing the Services, unless explicitly stated otherwise in the Campaign Terms.
All social media content, accounts, and promotional materials created for campaigns are the property of the Brand. By joining a campaign, you agree to transfer all rights, title, and interest in any content, channels, or deliverables created as part of that campaign directly to the Brand. You are not partnering with or transferring rights to payday.social. Your agreement is with the Brand itself for the purpose of executing that campaign.
By participating in campaigns, you grant the Company and Brands a non-exclusive, royalty-free, worldwide license to use, reproduce, and distribute your submitted content for promotional purposes. You agree that all content created for Brands must comply with relevant advertising regulations, including proper use of trademarks, logos, and any associated content. Any intellectual property rights related to such content remain with the Brand.
You agree that all content created by you must comply with relevant advertising laws, including FTC guidelines. The Company is not responsible for any legal issues, claims, or disputes arising from content created by Contractors.
If you include pre-existing materials in your campaign content, you must disclose this in advance. By doing so, you grant the Company and Brands a perpetual, royalty-free license to use those materials as part of campaign deliverables.
You may not repurpose, reuse, or distribute any campaign-related content for other purposes, including self-promotion, without prior written approval from the Brand and the Company.
Some campaigns may involve collecting or submitting videos, images, audio, environmental context, product interactions, household or workspace scenes, task demonstrations, metadata, annotations, survey responses, or other materials for a Brand's research, product development, analytics, artificial intelligence, machine learning, robotics, computer vision, simulation, safety testing, quality evaluation, or commercial purposes ("Data Collection Materials"). By joining or participating in a data collection campaign, you authorize the Company and the applicable Brand to receive, review, process, reproduce, modify, analyze, use, retain, and share your Data Collection Materials as needed to administer the campaign and as otherwise described in the Campaign Terms.
Unless the Campaign Terms state otherwise, you grant the Company and the applicable Brand a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use approved Data Collection Materials for the purposes described in the campaign, including product development, research, model training, model evaluation, robotics development, analytics, and related commercial uses. You understand that once Data Collection Materials are submitted, accepted, used in analysis, or incorporated into datasets, models, systems, reports, or derived outputs, they may not be capable of being fully withdrawn, deleted, or separated except where required by applicable law or expressly required by the Campaign Terms.
You are responsible for ensuring that your Data Collection Materials comply with the Campaign Terms and applicable law. Unless a campaign expressly permits it, you must not submit materials that include minors, bystanders who have not consented, private documents, computer or phone screens containing sensitive information, financial or medical information, license plates, precise address information, nudity, illegal activity, unsafe activity, or any content that you do not have the right to record and submit.
Some campaigns may require you to leave the Platform and use a Brand's website, application, device, software, or data collection tool. Your use of any external Brand platform is governed by that Brand's own terms, privacy policy, instructions, and consent flow. The Company is not responsible for the operation, security, privacy practices, data collection, data retention, or downstream use of any external Brand platform. You should review the Brand's terms and privacy disclosures before submitting information or materials through that external platform.
You agree not to disclose, publish, or use any confidential information shared with you during your use of the Platform, including campaign details, compensation rates, or proprietary tools, without explicit written consent.
You must complete Services in a professional manner consistent with industry standards and comply with all applicable Campaign Terms.
The following are strictly prohibited:
It is the sole responsibility of the Contractors and Brands to ensure that all content complies with applicable laws, including FTC advertising and disclosure regulations. Failure to comply with such regulations may result in the termination of your participation in campaigns and may subject you to legal action.
You agree to indemnify, defend, and hold harmless the Company and the Brands, their officers, directors, employees, and agents from any claims, damages, or liabilities arising from your breach of these Terms or Campaign Terms, including any third-party claims related to non-compliance with FTC regulations or other advertising laws, and any legal fees or fines resulting from such violations.
The Company or Brands may terminate your participation in campaigns or your account immediately if you breach these Terms or fail to meet Campaign Terms.
You may terminate your account at any time by notifying us in writing at hello@payday.social
If a campaign is terminated due to your failure to meet requirements, the Company is not obligated to pay for incomplete or noncompliant deliverables.
Upon termination, you must return or delete any materials provided by the Company or Brands, including confidential information, and cease use of the Platform.
Contractors acknowledge and agree that both the Company and the Brand reserve the right to pause, modify, or terminate any campaign at any time, for any reason, at their sole discretion including but not limited to performance concerns, budget changes, or strategic shifts. This may occur even if there is a remaining budget allocated to the campaign. In such cases, the Company is not obligated to continue issuing payments beyond the date of pause unless otherwise specified in writing.
You may deactivate your account at any time through the self-service account management page available at payday.social/account-management or within our mobile applications. Account deactivation disables your ability to log in and prevents you from receiving future payments or participating in campaigns.
Upon deactivation, certain data associated with your account will be retained as required for:
This retained data is not accessible to you after deactivation. If you wish to permanently delete your personal information where permitted by law, you may submit a written request to hello@payday.social. The Company will evaluate such requests in accordance with applicable data protection laws and our legal retention requirements.
Deactivated accounts may be reactivated at the sole discretion of the Company upon written request to hello@payday.social.
You agree to comply with all applicable advertising laws, including the Federal Trade Commission (FTC) guidelines for endorsements. You must clearly disclose all sponsored content as required by law or Campaign Terms. The Company shall not be held responsible for your failure to comply with any advertising regulations.
You agree not to engage directly with any Brand first introduced or made available to you through the Platform for campaign work, whether or not the engagement is activated through the Platform, during your use of the Platform and for a period of 12 months after the later of that introduction or your last campaign with that Brand. This includes reaching out to or negotiating with any such Brand, regardless of whether any formal agreement is made through the Platform. This restriction does not apply to a relationship you can document existed before the Company's introduction, and it does not restrict your ability to work with brands you find independently.
Because the Company's lost fees and administrative costs are difficult to calculate precisely, if you violate this Section you agree to pay the Company, for each Brand circumvented, the greater of (i) all compensation you received from the off-Platform engagement with that Brand, or (ii) US$1,000, as reasonable liquidated damages and not a penalty, plus reasonable collection costs under Section 10.1. There will be no duplicate recovery for the same loss. The Company may deduct these amounts from earnings otherwise payable to you under Section 2.8. Violations may also result in account termination.
If you owe the Company any amount under these Terms and fail to pay it when due, you are responsible for the costs the Company reasonably incurs in collecting it, including collection agency fees, court costs, arbitration fees, and reasonable attorneys' fees, to the fullest extent permitted by law. The Company will not seek recovery of amounts that applicable law prohibits it from recovering from you, and nothing in this Section limits the Company's recovery and setoff rights under Section 2.8.
Any disputes arising under these Terms, including disputes related to compliance with FTC regulations, shall be resolved through binding arbitration. The Contractor shall be responsible for any legal fees or costs incurred due to any legal action related to non-compliance.
These Terms are governed by the laws of the State of Georgia, USA, regardless of Contractor's location or domicile.
You agree that any disputes will be handled on an individual basis and not in a class, consolidated, or representative action.
To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Platform, the Services, any campaign, any payment or nonpayment, or these Terms must be filed or commenced within one (1) year after the claim or cause of action first accrues. Any such claim not brought within that period is permanently barred. Where applicable law does not permit a shortened limitations period for a particular claim, the shortest period permitted by applicable law applies to that claim, and this Section continues to apply to all other claims.
The Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to the Platform, and continued use constitutes acceptance of updated Terms.
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
All notices under these Terms must be sent to hello@payday.social or through other official channels specified on the Platform.
These Terms constitute the complete agreement between you and the Company and supersede all prior agreements.
The Company does not assume any responsibility for verifying the compliance of content with FTC advertising regulations or other legal requirements. It is the sole responsibility of the Contractors and Brands to ensure that content complies with applicable laws, including FTC advertising regulations. Contractors are solely responsible for the legality and compliance of their content, and any content found to be non-compliant may be removed or suspended at the discretion of the Brand or Contractor, in accordance with Campaign Terms
The Company reserves the right to modify, suspend, or terminate access to the Platform or any of its features at any time, for any reason, without prior notice or liability.
By providing your email address, you consent to receive promotional communications from payday.social. You may unsubscribe at any time via the provided opt-out link. You agree we may use third-party services for email marketing purposes. Essential account and transactional emails cannot be opted out. All payday.social emails will adhere to applicable laws, including the CAN-SPAM Act. You agree to not flag legitimate operational emails as spam. The Company is not responsible for email delivery issues due to incorrect contact information, spam filters, or external factors.
We may also present third-party newsletter recommendations during signup or onboarding. Some of those recommendations may be sponsored or compensated placements, which means the Company may receive compensation if you subscribe. If you choose to subscribe to a recommended newsletter, you authorize us to share the information required to complete that subscription with the relevant newsletter provider or publisher. Your relationship with that third-party newsletter, including its content and privacy practices, is governed by that provider's own terms and policies.
Some features of the Platform, including verifying that you can be contacted before you join or apply to certain campaigns, require a mobile phone number. By providing a mobile phone number and completing verification, you consent to receive text messages (SMS) from the Company, or from service providers sending on our behalf, at the number you provide. You represent that the number you provide is a number you own or are authorized to use, and that you are authorized to consent to receive messages at it.
Transactional messages. Transactional messages include one-time verification codes, account and account-security notices, payment and payout notices, and notices about campaigns you have joined or applied to. These messages are necessary to operate your account, and you will receive them for as long as a verified number remains on your account.
Marketing messages. Marketing messages promote new campaigns, opportunities, or Platform features. We will send marketing text messages only if you give a separate, affirmative opt-in for them. Marketing text messages are optional, and consent to receive them is not a condition of creating an account, using the Platform, joining or applying to any campaign, or receiving any payment.
Frequency, rates, and opting out. Message frequency varies. Message and data rates may apply and are your responsibility under your agreement with your mobile carrier. You may opt out of marketing text messages at any time by replying STOP to any marketing message, and you may reply HELP for help. You may also contact us at hello@payday.social. Opting out of marketing text messages does not stop transactional messages that are necessary to operate your account. To stop receiving transactional messages, you must ask us to remove the phone number from your account, or deactivate your account under Section 8.6; doing so may make you ineligible for campaigns that require a verified phone number.
Delivery. Mobile carriers are not liable for delayed or undelivered messages. The Company does not guarantee that any message will be delivered, or delivered within any particular time, and is not responsible for messages that are delayed, undelivered, or delivered in error because of carrier conditions, network or device issues, device settings, number portability, or other factors outside our reasonable control. Verification codes are time-limited and may expire.
Keeping your number current. You are responsible for keeping the phone number associated with your account accurate and current. If you stop using a number, transfer it, or it is reassigned to someone else, you must promptly update it in your account settings or notify us at hello@payday.social so that we stop sending messages to it. To the fullest extent permitted by law, you are responsible for messages sent to a number you provided and did not update.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our mobile application on a device that you own or control, solely for your personal use in connection with the Services.
Your use of the mobile application is also subject to the terms and conditions of the applicable app store from which you downloaded the application, including the Apple Media Services Terms and Conditions for iOS devices and the Google Play Terms of Service for Android devices. In the event of any conflict between these Terms and the applicable app store terms, the app store terms shall govern solely with respect to your use of the mobile application.
You are responsible for ensuring that your mobile device meets the minimum requirements necessary to use the mobile application. The Company does not guarantee that the application will function on all devices or operating system versions.
Certain features of the mobile application, such as the teleprompter tool, require access to your device's camera and microphone. By granting these permissions, you acknowledge that recordings created using these features are subject to Section 4 (Intellectual Property) of these Terms. You may revoke these permissions at any time through your device settings, but doing so may limit your ability to use certain features.
The mobile application may automatically download and install updates from time to time. These updates may include bug fixes, feature enhancements, or new features. By using the mobile application, you consent to such automatic updates.
If you enable push notifications, you agree to receive alerts about campaign opportunities, payment confirmations, performance updates, and other account activity. You may disable push notifications at any time through your device settings.
In addition to the prohibited activities listed in Section 6, you may not:
The Company may assign or transfer these Terms, in whole or in part, at any time and without notice, including in connection with a merger, acquisition, sale of assets, corporate reorganization, or to any affiliate, subsidiary, or successor entity, as it sees fit.
Contractor may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. Any unauthorized assignment will be null and void.
These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign these Terms without prior written consent from the Company. The Company may assign these Terms at any time, including in the event of a merger, acquisition, or sale of all or substantially all of its assets.
Any provisions of these Terms which by their nature should survive termination shall survive, including but not limited to confidentiality obligations, indemnification, payment terms, funding contingency and reversal provisions (Sections 2.7 and 2.8), intellectual property rights, and the disclaimer of warranties and limitations of liability (Sections 19 and 20).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, THE SERVICES, ALL CAMPAIGNS, CAMPAIGN TERMS, BRANDS, METRICS, ANALYTICS, EARNINGS ESTIMATES, TOOLS, DATA, AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RESULTS, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Without limiting the foregoing, the Company does not represent, warrant, or guarantee:
No tool, review, approval, communication, or payment by the Company is a guarantee of legal compliance, campaign performance, metric validity, or future earnings.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST EARNINGS OPPORTUNITY, LOST BUSINESS, LOST SPONSORSHIPS OR BRAND RELATIONSHIPS, LOST GOODWILL, LOST DATA, REPUTATIONAL HARM, EMOTIONAL DISTRESS, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THE SERVICES, ANY CAMPAIGN, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNTS THE COMPANY PAID OR BECAME OBLIGATED TO PAY YOU UNDER THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
These limitations apply across all claims and theories of liability, whether in contract, warranty, tort, negligence, strict liability, statute, or otherwise, and apply in the aggregate to all claims rather than per claim. They apply regardless of whether any limited remedy is found to have failed of its essential purpose.
Exclusive statement; conflicts. Section 19 and this Section are the sole and exclusive statement of the Company's warranty disclaimers and limitations of liability under these Terms. They control over any other provision of these Terms addressing the same subject matter, and no other provision shall be construed to expand the Company's liability beyond the limits stated in this Section. This Section operates in addition to, and does not narrow, the funding contingency in Section 2.7, the reversal and recovery rights in Section 2.8, or the intermediary provisions in Sections 1 and 3.1.
Allocation of risk. You acknowledge that the disclaimers and limitations in Section 19 and this Section are an essential basis of the bargain between you and the Company, that the Company would not make the Platform available to you without them, and that they reflect a reasonable allocation of risk in light of the Company's role as an intermediary rather than the source of Contractor compensation.
Liability that cannot lawfully be limited. Nothing in these Terms is intended to limit, exclude, waive, or modify any liability, right, or remedy that applicable law does not permit to be limited, excluded, waived, or modified, and no provision of these Terms shall be construed to do so. Where applicable law does not permit the limitation or exclusion of a particular liability, warranty, category of damages, statutory right, penalty, interest, or award of attorneys' fees, then as to that item the relevant limitation or exclusion applies only to the maximum extent permitted, and the Company's liability as to that item is limited to the smallest extent permitted by applicable law.
Severability of these limitations. A determination that any disclaimer or limitation in Section 19 or this Section is unenforceable with respect to a particular claim, category of damages, person, or jurisdiction shall not affect its enforceability with respect to any other claim, category of damages, person, or jurisdiction, and all remaining provisions of Sections 19 and 20 continue in full force and effect.
PoolHall LLC
6595 Roswell Road, Suite GPMB6720
Atlanta, GA 30328
Email: hello@payday.social