ZayZoon USA Terms of Service

Thank you for using ZayZoon’s earned wage access and financial wellness service (“Service” or “ZayZoon Service”). These terms of service (“Terms of Service” or “Terms”) constitute a legal agreement between you and ZayZoon Inc., (“ZayZoon”) a Wyoming corporation. As used in these Terms of Service, the words “you” and “your” refer to you, the user of the ZayZoon Services (as defined below), as the party agreeing to these Terms of Service. The words “we”, “us”, “our” and any other variation thereof refer to ZayZoon. Any reference to “ZayZoon” in this document includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees. As used in these Terms of Service, the term “ZayZoon Services” includes all services associated with ZayZoon’s websites and all devices or applications that we operate that link to these Terms of Service, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. The use of the word “including” in these Terms of Service to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered.

If you are looking for a copy of your transaction history, you can access this at any time in your ZayZoon account or reach out to our Customer Success team using our online chat.

Capitalized terms not defined in the applicable paragraph, or previously in the Terms, will have the meaning set out in Section 16 below.

 

1.  Acceptance of Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE ZAYZOON SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE ZAYZOON SERVICES. You may not use the ZayZoon Services or accept these Terms of Service, if (a) you are not at least 16 years of age; (b) you are prohibited by law from receiving or using the ZayZoon Services; or (c) you are not a U.S. resident.

ZayZoon may modify these Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on the ZayZoon website. The Terms of Service will always indicate the date it was last revised.  When you use the ZayZoon Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.

The definitions of certain capitalized terms can be found at the end of these Terms.

 

2. ZayZoon Services Generally

The ZayZoon Services allow you to access your earned but unpaid earnings (your “Unpaid Earnings”). We make a portion of the amount that you have earned available for you to access upon request. In order to request a Payout, you must have created an account with ZayZoon, and linked at least one Wallet to your ZayZoon Account. You may also link other destinations, such as ZayZoon Boost (described below). The ZayZoon Service may also provide you with financial education information and budgeting tools, which you can use for free.

Each time you ask us to access any Unpaid Earnings, you will be prompted to choose a destination (the “Wallet”) for where you would like us to send your Payout and to accept the transactions terms. ZayZoon has no ability to change or input your bank account or card information, and you are solely responsible for inputting the correct information.  ZayZoon will only send the Payouts to the bank account or card that you have entered into our system, so please ensure that it the information you enter is correct.  ZayZoon is not responsible for any information incorrectly entered by you. We may suggest a default Wallet based on your prior usage of the ZayZoon Service. We will also disclose to you how much of your Unpaid Earnings we are able to provide. We will also present you with a choice of at least two delivery options. The fee ranges for each type of transfer are also disclosed below. Certain fees may be waived in connection with use of another ZayZoon product, or at ZayZoon’s sole discretion. All fees are described in Section 3 of these Terms.

When you accept the transaction terms, and upon distribution of your Payout, you, or ZayZoon on your behalf, will notify your Payroll Provider and Employer that you have requested and received the Payout. Such notice will represent your acknowledgment that you have received a portion of your Unpaid Earnings, and your authorization and direction for your Employer and the Payroll Provider to distribute to ZayZoon an amount (the “Repayment”) equal to the Payout plus the Processing Fee, if applicable, from your next Distribution.

Your right to access and use ZayZoon Services is personal to you and is not transferable by you to any other person or entity. You may only access and use the ZayZoon Services for lawful purposes.  ZayZoon has partnered with your Payroll Provider, employer, or both to provide you access to the ZayZoon Services.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT ASSIGNED, TRANSFERRED OR CONVEYED YOUR WAGES FROM EMPLOYER OR ANY PART THEREOF. ZAYZOON HAS NO RIGHT TO ASSERT A CLAIM AGAINST YOU WITH RESPECT TO YOUR WAGES. However, if ZayZoon is unable to settle a Payout transaction, your access to the ZayZoon Services may be limited or suspended until such time as you voluntarily pay the outstanding Repayment amount.

ZayZoon uses a number of variables to determine your earned wages, which may include but is not limited to, earnings history, time and attendance data, and employer confirmation.  In rare instances, the determination of your Unpaid Earnings may be incorrectly calculated.  As a result, our system may distribute a Payout that is in excess of your Unpaid Earnings. In such an event, you authorize such amounts to be deducted from your next following Distribution.  You may withdraw this authorization at any time. For clarity, you will never incur additional fees as a result of this subsequent deduction.

In the event that you have received a Payout, it may constitute fraud for you to notify your Payroll Processor or Employer that you have not received a portion of your Unpaid Earnings through your use of the ZayZoon Services.

Your access and use of ZayZoon Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the ZayZoon Service, or other actions that ZayZoon, in its sole discretion, may elect to take. In no event will ZayZoon be liable to any party for any loss, cost, or damage that results from any period of downtime of the Services.

ZayZoon Boost

ZayZoon Boost is a service offered through ZayZoon, but provided by Prizeout Corp. (“Prizeout”). Boost is another Wallet option that you can select to receive your Payout. With Boost, you select Boost/Prizeout as the location you would like ZayZoon to direct your Payout. If you select Boost as your Wallet, you will be redirected to the Prizeout website, where Prizeout will present you with available options. If you choose one of Prizeout’s presented options, you will be redirected back to the ZayZoon Services where you may confirm your decision to use Boost as your Wallet to receive Payouts. You will not be charged a Processing Fee for taking a Payout to your Boost Wallet, and there are no additional fees charged by ZayZoon for such service. There is no change in the flow of funds from your use of the ZayZoon Services. You are simply choosing to receive your Payout in your Boost/Prizeout Wallet.

 

Your use of the Prizeout services may be subject to terms and conditions (the “Prizeout Terms”) between you and Prizeout. ZayZoon is not a party to the Prizeout Terms, and ZayZoon expressly disclaims all responsibility for your use of any Prizeout services. If there is an issue with your use of their services, you should contact Prizeout directly.

ZayZoon may get commissions when you use the Boost service. If you would like to know more, please see our Commission Disclosure Policy.

 

3.   Fees

Processing Fee

Unless in a Fee-Free Transaction (defined below), you will be charged a flat fee (the “Processing Fee”) in the amount shown at the time you request your Payout from ZayZoon. The Processing Fee will be payable at the time the Repayment is sent to ZayZoon.  A "Fee-Free Transaction" will be one in which (i) you have requested the Payout using the Boost service; (ii) you are receiving a fee-free advance for a promotion or referral; or (iii) your employer has elected to pay for certain usage of the Services.  

The Processing Fee is the charge for participating in ZayZoon’s EWA Service, and it represents ZayZoon’s costs associated with processing your request and providing the Services.  ZayZoon connection with the EWA Service. The Processing Fee ranges for Payouts are as follows:

 

 

Type of Transfer	Fee Range
Near Instant* Transfer	$0-$5
Boost	$0
ZayZoon VISA Card	$0

 

*Near Instant transfers can arrive immediately and will usually arrive in under 5 minutes.

 You will incur no fee from ZayZoon unless you elect to use the Services. You have no obligation to use the ZayZoon Services. You have the right to wait until your regular payment due date without using the ZayZoon Services. If you do choose to wait, you have the right to receive the full amount of your wages, without discount or fee charged by ZayZoon.

The Processing Fee is not dependent on the amount that you request from ZayZoon.  You incur the Processing Fee for each request that you make for a Near Instant Transfer of a Payout, except where such fee has been waived by ZayZoon or paid for by your Employer.  We want you to get the most from our service, and so we recommend that you keep this is in mind.  Two Near Instant Transfers for Payouts of $100, for example, will generally cost twice as much as one Near Instant Transfer of $200. 

We don’t enjoy charging you fees, and we want to minimize the amount you pay to get your Unpaid Earnings early.  Please use our service in the way that’s best for you today and tomorrow.

 

Additional Fees

There are no additional fees for using the ZayZoon Services.

 

4.   Privacy and your Personal Information

For information about ZayZoon’s data protection practices, please read ZayZoon’s Privacy Policy, which is hereby incorporated into this Terms of Service. This policy explains how ZayZoon treats your Information (as defined in Section 5) when you use the ZayZoon Services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

The Privacy Policy is hereby incorporated into this Terms of Service, and your acceptance of the Terms of Service also constitutes an acceptance of the Privacy Policy.

 

5.   Your Information

You agree to provide, and hereby authorize your Employer to provide to us, accurate profile information, including, as applicable, your name, physical address, email address, work history and related information, and any additional information required for the provision of the ZayZoon Services (your “Information”). You further agree to promptly update all your Information whenever the Information provided to us is no longer accurate. You can update your Information by clicking on the settings link after you log in. If you need help in changing your information, please email us at support@zayzoon.ca. If you do not do this, the accuracy and effectiveness of the ZayZoon Services provided to you will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Information and other information necessary to facilitate your use of the ZayZoon Services.  We are not responsible for any payment processing errors or fees or other ZayZoon Services related issues arising from your failure to keep your Information current.

ZayZoon relies upon information about you received directly or indirectly from your Employer. You consent to the Employer sharing data required for us to provide the Service. This includes, but may not be limited to:

• Your name;
• Your employee identification number, if applicable;
• Your contact information (including your email and your mobile phone number);
• Your scheduling, time and attendance information, as applicable;
• Your gross and net pay; and
• Any other related data shared by the Employer.

You may also provide information or content directly to us through the ZayZoon Service. You grant and will grant to ZayZoon and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to: (A) copy, display, upload, perform, distribute, store, modify, and otherwise use your Information in connection with the operation of the ZayZoon Service; and (B) use your Information in aggregated and/or anonymized format in connection with (i) the promotion, advertising, or marketing of the ZayZoon Service or (ii) other services we provide to our customers and business partners. You represent and warrant that you have the rights to upload, input, or submit the Information to the ZayZoon Service and grant the foregoing license. ZayZoon is not obligated to pre-screen or review Information, but ZayZoon reserves the right to do so to ensure your compliance with these Program Terms. ZayZoon will also have the right (but not the obligation) in its sole discretion to disable access to or delete any Information that it considers in violation of these Program Terms or to be otherwise illegal. ZayZoon may share Information with the Employer, and any third-party service providers that are necessary to provide the Service, as well as otherwise described in the Privacy Policy.

In order to allow you to use certain ZayZoon Services, we may be required to verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments or verifying information you provide against third party databases or through other sources. If you do not provide this information or we cannot verify your identity, we can refuse to allow you to use the ZayZoon Services.

You are responsible for maintaining the security of your account, passwords, and for all uses of your account with or without your knowledge or consent (excepting any use by ZayZoon). If you believe that your Information or a device that you use to access any site has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify us immediately at support@zayzoon.ca.

 

6.   Your Representations to Us

You represent and warrant to us on a continuing basis that:

 

• These Program Terms constitute a legal and valid contract that is binding on you and enforceable against you as written;
• The execution, delivery, and performance of these Program Terms by you does not violate any law or the provisions of any agreement to which you are bound;
• There are no claims, actions, suits, audits, inquiries, proceedings, or governmental investigations pending or threatened involving you or the transactions contemplated by these Program Terms that, if adversely determined, would be reasonably expected to have an adverse effect on our ability to collect on or retain any Repayment; and
• You have not used any name with us or with the Employer other than the name you used or verified to establish your ZayZoon account.

And each time you ask us to access any of your Unpaid Earnings, you also represent and warrant to ZayZoon that at the time of your request:

• You hold all legal right, title, and interest to and in the Unpaid Earnings, free and clear of any liens, encumbrances, judgments, or garnishments; and you have not sold, pledged, assigned, or encumbered the Unpaid Earnings to any third party;
• The Unpaid Earnings are presently and unconditionally owed and have not been modified, dismissed, settled, or paid; are not currently past due; and represent the amount owed by the Employer arising solely from your actual and timely provision to the Employer in the ordinary course of business of lawful services, which you have accurately recorded and described to the Employer;
• The Unpaid Earnings are not subject to any dispute, claim, offset, deduction, discount, defense, or counterclaim of any kind; and
• There has been no error, misrepresentation, negligence, fraud, omission, or violation of law on the part of you with respect to the Unpaid Earnings or their underlying services. 

 

7.   Our Representations to You

ZayZoon represents and warrants that the Payouts are issued on a nonrecourse basis, and as such, ZayZoon:

• has no legal or contractual claim or remedy against you based on our inability to receive the Repayment in full;
• will not perform credit checks on you;
• will not report your repayment history to a credit bureau; and
• will not engage with any third party debt collection services or otherwise sell any amount advanced as debt to a third party.

  

8.   Electronic Transfers

You authorize ZayZoon to initiate electronic payments to your Wallet. You agree that electronic payments, including ACH transactions, that you authorize comply with law. These electronic payments will be, as applicable, in the amount of the Amount Provided and at the time disclosed to you when you choose your delivery method, or in the amount of the rest of your Unpaid Earnings at the time the Employer runs payroll. We may reverse erroneous transactions in accordance with National Automated Clearing House Association rules. We will provide the Services in accordance with any applicable provisions of the federal Electronic Fund Transfer Act, 15 U.S.C. §§ 1693 et. seq., and any applicable regulations thereunder.

The availability of funds in your Wallet will depend on the funds availability policy of the financial institution holding your Wallet, which may limit the availability of such funds, including through use of “cut-off times” by which items must be deposited to be processed on a given day. 

If you change your Wallet or add additional Wallets, you authorize ZayZoon to initiate electronic payments to such Wallets on the same terms described in this Section 8. The authorizations in this Section 8 will remain in full force and effect until you close your ZayZoon account.

 

9.   Disclosure and Consent to Electronic Communications

You understand and agree that you are entering into these Terms of Service electronically and that certain categories of information (“Communications”) may be provided by ZayZoon to you by electronic means (e.g., email, through the ZayZoon Service or to your mobile device), unless and until you withdraw your consent as described below. The categories of Communications that may be provided by electronic means include:

• these Terms of Service and any amendments, modifications, or supplements;
• records of any payment and other transactions you handle through the ZayZoon Services, including payment histories and transaction confirmations;
• disclosures or notices provided in connection with the ZayZoon Services, including any required by federal or state law (including initial disclosures, periodic statements, periodic and annual error resolution notices, initial and annual privacy notices, opt-out notices, and change-in-terms notices);
• any customer service communications, including communications with respect to claims of error or unauthorized use of the ZayZoon Services; and
• any other communication related to the ZayZoon Services.

Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of these Terms of Service and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms of Service or the Communications electronically, you may not use the ZayZoon Services.

If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account by contacting support@zayzoon.com and stop using the ZayZoon Services. There are no fees to close your account with us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.

We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

 

10.   Modification to ZayZoon Services

ZayZoon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ZayZoon Services with or without notice. We reserve the right to change the ZayZoon Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a member to the ZayZoon Service, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the ZayZoon Services, you may stop using the ZayZoon Services. Your use of the ZayZoon Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that ZayZoon shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the ZayZoon Services.

 

11.   No Unlawful or Prohibited Use

As a condition of your use of the ZayZoon Services, you represent and warrant to ZayZoon that you will not use the ZayZoon Services for any purpose that is unlawful or prohibited by these Terms of Service.

You agree that you will not:

• request Unpaid Earnings that you do not have the complete right, title and interest;
• use the ZayZoon Services in any manner that could damage, disable, overburden, or impair the ZayZoon Services;
• obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ZayZoon Services;
• access the ZayZoon Services by any means other than through the interface that is provided by ZayZoon for use in accessing the ZayZoon Services;
• use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the ZayZoon Services; or
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the ZayZoon Services.

If ZayZoon, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms of Service or by law, we may take various actions to protect ZayZoon, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:

• we may close, suspend, or limit your access to your account or ability to use the ZayZoon Services;
• we may update inaccurate information you provided us;
• we may refuse to allow you to use the ZayZoon Services in the future; and
• we may hold you liable to ZayZoon for the amount of ZayZoon’s damages caused by your violation of these Terms of Service.

ZayZoon, in its sole discretion, reserves the right to terminate these Terms of Service or access to the ZayZoon Services for any reason and at any time with or without notice to you.

 

12.   ZayZoon’s Intellectual Property Rights

All content included or available in connection with the ZayZoon Services, including any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever (collectively, the “Content”) and the selection and arrangement thereof is owned exclusively by ZayZoon or the licensors or suppliers of ZayZoon and is protected by U.S. and international copyright and other intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no Content on the ZayZoon Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of ZayZoon or the appropriate licensor or supplier.

In addition, by submitting or posting any Content, you represent and warrant that you own or otherwise control all of the rights to the Content that you submit, e-mail or post; that all “moral rights” that you may have in such Content have been voluntarily waived by you; that the Content is accurate; and that use of the Content you supply does not violate this policy and will not cause injury to any person or entity. You agree to indemnify us and our affiliates for all claims of every kind and nature, known or unknown, resulting from (a) a breach of your representations, warranties or obligations set forth herein, (b) your actions or Content you supply, or (c) violation of any law or the rights of a third party, and hold us and our affiliates harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claims. Furthermore, we reserve the right to refuse, accept, post, display, change, condense, delete or transmit any Content in our sole discretion.

 

13.   Disclaimer of Representation and Warranties

 

THE ZAYZOON SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZAYZOON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE ZAYZOON SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ZAYZOON SERVICES IS AT YOUR SOLE RISK.

 ZAYZOON MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE ZAYZOON SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. ZAYZOON MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SITES OR SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

 ZAYZOON AND THE ZAYZOON SERVICES ARE NOT INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. ZAYZOON IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR.

Before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

ZayZoon does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store Information. Any information made available through the ZayZoon Services will only reflect the information that we most recently accessed, and as such, may not reflect activity that occurred after we last accessed the applicable Third Party Site or any pending transactions.

You understand and agree that any alerts provided to you through the ZayZoon Services may be delayed or prevented by a variety of factors. ZayZoon makes commercially reasonable efforts to provide alerts in a timely manner with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. ZayZoon shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

14.   LIMITATION OF LIABILITY

 

 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT OBTAINED THROUGH THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.

 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15.   Governing Law & Forum for Disputes

These Terms of Service, and your relationship with ZayZoon under these Terms of Service, shall be governed by the laws of the State of Nevada without regard to its conflict or choice of laws provisions. Any dispute with ZayZoon, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Service shall be resolved exclusively through the small-claims court in Nevada except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case ZayZoon may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, ZayZoon is able to offer the ZayZoon Services at the terms designated, and that your assent to this provision is an indispensable consideration to these Terms of Service.

 

You also acknowledge and understand that, with respect to any dispute with ZayZoon, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the ZayZoon Services or these Terms of Service:

1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

 

16.   Definitions

In these Terms of Service, including the recitals, the following words and phrases will have the following meaning:

“Distribution” means the final processing and settlement of wages or salary to you by Payroll Processor at the end of a pay period;

“Employer” means (1) a person who employs you; or (2) any other person who is contractually obligated to pay you earned but unpaid income in exchange for your provision of services to the person or on behalf of the person, including on an hourly, project-based, piecework, or other basis and including where you are acting as an independent contractor with respect to the person.

“Information” means, in addition to information that is made available to ZayZoon through your use of the ZayZoon Service, information about you that you provide ZayZoon, including information about your financial, personal, or professional activities.

“Payroll Processor” means the company that provides you with payroll settlement processing, including but not limited to Distribution;

“Payout” means the portion of the Unpaid Earnings that you have requested for payment by ZayZoon. 

“Unpaid Earnings” mean the accrued cash value net wages that are payable, but not yet paid, for work that has been performed by you

“Wallet” means the account that you instruct ZayZoon to use when sending you your Payouts.

 

17.   Miscellaneous

If any portion of these Terms of Service is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Service that is unlawful, void or unenforceable shall be stricken from these Terms of Service.

You agree that if ZayZoon does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which ZayZoon has the benefit of under any applicable law), this will not be taken to be a formal waiver of ZayZoon’s rights and that those rights or remedies will still be available to ZayZoon.

All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.

These Terms of Service and the Privacy Policy together represent the entire understanding and agreement between you and ZayZoon regarding the subject matter of the same, and supersedes all other previous agreements.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZayZoon as a result of these Terms or any Additional Terms, or your use of the Services. You may not assign any part of your rights or duties under these Terms or any Additional Terms without ZayZoon’s prior written consent, and any such attempted assignment without ZayZoon’s prior written consent is and will be void. No waiver of any duties or rights of either party will be effective unless in writing, executed by the party against whom it is being enforced. If any term of these Terms, the Program Terms, the Cycle Payment Terms, the Reward Payment Terms, or any other Additional Terms (including a payment or economic term) is held invalid, unenforceable, or a violation of applicable law, then that term will be deemed severable from the remaining terms and in no way affects the validity or enforceability of the remaining terms, and, to the extent not prohibited by applicable law, the invalid, unenforceable, or noncompliant term may be replaced by ZayZoon by terms that are valid, enforceable and compliant, and that come closest to expressing the intention of the invalid, unenforceable, or noncompliant term. These Terms and any Additional Terms, including without limitation the Program Terms, Cycle Payment Terms, and Reward Payment Terms are the final, complete, and exclusive agreement of the parties with respect to the subject matter they govern and supersede and merge all prior discussions between the parties with respect to such subject matter; and nothing on the Services should be construed to alter such agreement. The titles in these Terms are used for convenience only and are not to be considered in construing them.

 

Complaints by California Consumers

You may report complaints about us to the Correspondence Unit of the California Department of Consumer Affairs by writing at Division of Programs and Policy Review, Consumer Information Center—Correspondence Unit, 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834-1924, or by contacting them at www.dca.ca.gov or calling (800) 952-5210.

 

Disclosures for California Consumers

ZayZoon is not currently licensed by the Department of Financial Protection and Innovation (the “DFPI”). If the DFPI does decide in the future to license ZayZoon, and/or require ZayZoon to make modifications to these Terms, such developments may have no adverse impact on your then-existing obligations under these Terms. Although ZayZoon is not licensed by the DFPI, any consumer is invited to share any comment and concerns about ZayZoon or its product and practices with the DFPI at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint.

 

U.S. Government Restricted Rights

The Services are made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access to or use of the Services (including the underlying software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Services (including the underlying software).

 

18.   NOTICE AND AGREEMENT TO DO BUSINESS ELECTRONICALLY

You agree to conduct business with us electronically, including the execution of these Terms and any Additional Terms, all of which may be executed by electronic signature, including an electronic sound, symbol, or process, attached to or logically associated with the terms or agreement.

You agree that we may provide you notices, disclosures, electronic records, and other communications by email, by posting in your ZayZoon account, by SMS message (including text message), by regular mail, or any other method. You may provide us notice through the Services or by email to: support@zayzoon.com.

We will use the contact information we have on file for you to notify you, and it is your responsibility to notify us immediately of any changes to your contact information. If you wish to update your contact information, you may do so through the Services by changing your ZayZoon account settings. If you have any difficulty doing so, you may email us a request for assistance at: support@zayzoon.com.

You consent to be contacted by us or our representatives at any telephone number or electronic address you provide or at which you may be reached. You consent to receive SMS messages, calls, and messages (including pre-recorded, artificial voice, and autodialed or automatically texted) from us or our representatives at the numbers you have provided to us, or numbers we can reasonably associate with you (through skip trace, caller ID capture, or other means), with information or questions relating to you or the Services. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a representative calls, he or she may also leave a message on your answering machine or voicemail, or send a message by text. Calls may be recorded.

To unsubscribe from text messages, reply STOP to any text message you receive from us. If you unsubscribe, we may restrict or terminate your access to the Services. You consent that following a request to unsubscribe from text messages, you may receive one final text message from us confirming your request and/or providing an alternative to access your ZayZoon account.

You also agree to receive alerts about your activity, balances, payments, suspicious activities, and other matters involving your use of the Services through push notifications to your smartphone or other device. Receipt of push notifications may be delayed or prevented by factors beyond our control, including those affecting your internet/phone provider. We are not liable for losses or damages arising from non-delivery, delayed delivery, or the erroneous delivery of any push notification; inaccurate push notification content; or your use or reliance on the content of any push notification for any purposes. Each push notification may not be encrypted, and may include your name and information pertaining to your ZayZoon account or use of the Services. We may terminate your use of push notifications without notice. You may choose to discontinue receiving push notifications by updating your preferences on your smartphone or other device. You acknowledge and agree that standard call, message, and data rates charged by your carrier apply to all communications by or with us and are your liability.

You agree that all agreements, notices, disclosures, and other communications that we provide or make available to you electronically or post on the Services satisfy any legal requirement that a communication be in writing, if such a requirement is applicable, and you waive any rights you may have to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited by law.

To request paper copies of any electronic communications, please send an email to: support@zayzoon.com. We may charge you for the shipping costs we incur for providing paper copies. You may withdraw your consent to receiving electronic communications at any time by emailing us at: support@zayzoon.com. If you withdraw your consent to receiving electronic communications, the legal effectiveness, validity, and enforceability of all agreed to terms and conditions and any prior communications will remain in effect. Any withdrawal of consent to receiving electronic communications will be effective only after we have a reasonable period of time to process your withdrawal request. If you withdraw your consent to receive electronic communications, we may immediately delay, suspend, or terminate your access to and participation in your ZayZoon account and the Services.