The legal terms governing your use of the Service. By using the Service, you agree to these terms.
The information provided by Zil Money ("we," "us," "our," or "Zil") on https://zilmoney.com (the "Site") and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AND ABSOLUTELY AT YOUR OWN RISK.
Zil Money transaction charges are clearly outlined under every subscription plan. Users explicitly agree to allow Zil Money Corporation or its authorized representatives to automatically deduct from their credit-card/bank-account and maintain the minimum balance required in their Zil Money account.
These Terms of Use (the "Terms" or "these Terms" or the "Agreement") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Zil Money Corporation, doing business through its virtual platform "Online Check Writer: https://onlinecheckwriter.com" or other platforms (hereinafter referred to as "Zil Money", "we", "us", or "our"), concerning your access to and use of the http://zilmoney.com or the Zil Money powered virtual service platforms' websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USING THE SITE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
We comply with all federal laws and relevant state laws, rules, regulations and policies promulgated by the concerned regulatory bodies governing the fintech industry.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site vests in us proprietary rights and interests and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Contents" and singularly the/any "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Contents and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Contents or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Contents to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Contents and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you open a Zil Money account or use the Services, you do so on behalf of a business, commercial enterprise, non-profit organization, or government entity and not in your capacity as a consumer for personal, family, or household purposes.
You will use the Site and the Services, including without limitation any Business Payments, solely for business or commercial purposes and not for personal, family, or household purposes.
You will not link any consumer or personal deposit account that is not directly connected to the primary business purpose of the Company as a Funding Source or otherwise use such an account in connection with the Services.
The Site and the Services, including without limitation any Zil Money payment, disbursement, or collection functionality, are offered solely for business and commercial purposes. The Services are not intended to be used, and you agree not to use them, for personal, family, or household purposes.
By accessing or using the Site or Services, you represent and warrant on a continuing basis that: (a) you are acting in a business or commercial capacity; (b) all transactions initiated through your Zil Money account are for business or commercial purposes; and (c) you will not use the Services to initiate transfers or payments that are primarily for personal, family, or household purposes.
Zil Money may suspend or terminate your access to the Services if Zil Money reasonably believes that your account or any Funding Source is being used for consumer or other non-business purposes.
You hereby acknowledge that we have contractual relationships with other entities who are our service partners and/or service providers in connection with our services to you hereunder. Therefore, you hereby unconditionally and irrevocably acknowledge and agree that these Terms of Use of ours essentially include and integrate the terms and conditions of our service partners and/or service providers. You hereby further acknowledge and agree that by your acceptance of and agreement to our Terms of Use, you, unconditionally, irrevocably and without further action, agree to and accept the terms and conditions of our service partners and/or service providers from time to time as the weblinks to the terms and conditions of our service partners and/or service providers and provided below for your access, review and acceptance, as if those constitute integral part of our Terms of Use.
Funds added to your Zil Money account are transferred to and held by one or more FDIC-insured banks in a custodial for-benefit-of (FBO) account titled in Zil Money's name for the benefit of its users. Your funds may be commingled with those of other users in such accounts.
Subject to applicable requirements, including the maintenance of records identifying each beneficial owner, funds in the FBO account may be eligible for FDIC pass-through insurance coverage up to $250,000 per depositor. This limit applies to the total funds held on your behalf at the same FDIC-insured institution and is not applied separately to each individual account or sub-account.
Zil Money is a financial technology company, not an FDIC-insured bank. You will not receive any interest or return on funds held in the FBO Account. Pooled funds are held separately from Zil Money's corporate funds and will not be used for operating expenses or other corporate purposes. These funds are maintained exclusively for the benefit of Zil Money's users and are not available to satisfy claims of Zil Money's creditors. You remain the beneficial owner of the funds held in the FBO Account on your behalf.
By accepting these Terms and Conditions, you authorize Zil Money to initiate Automated Clearing House ("ACH") debit and credit entries to an external bank account you have linked to your Zil Money account. This authorization applies to transactions for funding your Zil Money account and withdrawing funds. Your responsibilities under these Terms include:
You hereby grant Zil Money the right to:
You acknowledge and agree that any external bank account you link to your Zil Money account for ACH debits or credits is used primarily for business or commercial purposes and not for personal, family, or household purposes. You will not link or authorize debits from any consumer deposit account. By providing ACH authorization, you represent and warrant that all ACH transactions initiated under this authorization relate to Business Payments and other business purposes of the Company.
This authorization will remain in full force and effect until you notify Zil Money in writing of your intent to revoke it. Revocation must be submitted at least 2 business days before the intended termination date. Revoking this authorization may impact your ability to use Zil Money services.
Your Zil Money account funds will be placed by Zil Money, in an account held with one of our bank partners listed below.
Texas National Bank
The Services include facilitating payments by a U.S. company (the "Company") of accounts payable to certain recipients (such as vendors, employees, service providers, and consultants) located in the United States (each a "Payee"), as well as transfers of funds to your Deposit Account from your bank account and transfers of funds from your Deposit Account to your bank account, a third party's Deposit Account, and Payees (collectively, "Business Payments"). Business Payments are intended solely for commercial and business purposes and are not intended to be used for personal, family, or household purposes. You must have an active Zil Account in good standing to use the Business Payments Service. Your use of the Business Payments Service is subject to: (a) this Agreement; (b) the other Zil terms and conditions provided on the Site, including without limitation, the Zil Privacy Policy, Zil Electronic Communications Agreement, and Zil Money Terms and Conditions, as applicable; and (c) the terms and conditions of our Payment Provider (defined below).
The funds transfer services underlying Business Payments are provided by our third-party financial institution service providers ("Payment Provider"). We reserve the right to change Payment Providers without prior notice to you. At no time does Zil receive, hold, or control any funds in connection with Business Payments. You agree that any future changes to the applicable Payment Provider terms and conditions will apply to your use of the Business Payments Service regardless of whether or not Zil or the Payment Provider notifies you of those changes, including in the event that Zil changes the Payment Provider to a new financial institution service provider.
Business Payments may be made using certain payment methods, including ACH or wire transfers from your bank account, cards, credit cards, and ACH transfers from your Deposit Account (each, a "Funding Source"). Each Funding Source must be held in the name of the Company and must be used primarily for business or commercial purposes. You may not use any consumer or personal deposit account that is not directly connected to the Company's primary business purpose as a Funding Source.
You agree and represent that any Funding Source you use for Business Payments is: (a) an account that you own or control; (b) held in the name of the Company or in the name of an individual acting in a business capacity for the Company; and (c) not used primarily for personal, family, or household purposes. By linking any Funding Source to your Zil Account, you further represent and warrant that such Funding Source is not a consumer account and that all transactions initiated through the Business Payments Service using that Funding Source are exclusively for business or commercial purposes.
In order to use the Business Payments Service, you must provide all information required by Zil or the Payment Provider for each Funding Source. You agree to provide complete and accurate information for each Funding Source and to promptly notify us of any changes to Funding Source information you have previously provided. All information you provide relating to Funding Sources shall constitute Company Information for purposes of this Agreement and the Zil Privacy Policy. Neither Zil nor the Payment Provider will have any liability for relying on the Funding Source information provided by you in accordance with this section.
You can initiate a Business Payment through your Zil Account or by other means that Zil may make available to you. Company hereby authorizes Zil and the Payment Provider, upon receipt of payment instructions from you, to facilitate payments from the applicable Funding Source to your designated Payee or transfers of funds from the applicable Funding Source to your bank account, your Deposit Account, or a third-party's Deposit Account in accordance with the payment instructions. You may be required to provide additional written authorizations in connection with a particular Funding Source such as ACH Authorization Forms as well as the authorization forms of our partners.
Zil and the Payment Provider each has the right in its sole discretion, for any or no reason, to reject any payment instructions or to cancel a Business Payment.
Company shall promptly notify Zil upon learning of or suspecting any errors or inaccuracies in any payment instructions and cooperate with Zil and the Payment Provider to correct any Business Payments that are misdirected, unauthorized, erroneous, or duplicative. Company acknowledges and agrees that Zil does not guarantee or have control over or liability for: (a) any inaccurate or incomplete payment instructions received from Company; (b) any payment received within or outside a timeframe agreed to between Company and a Payee; (c) insufficient funds in or the closure of any Funding Source indicated in any payment instruction; or (d) any return of or refusal to accept any Business Payment by a Payee or the financial institution holding the Payee's account.
To the maximum extent allowed by applicable law, Zil will have no liability for any loss, harm, claim, or dispute arising from a Business Payment when relying on any payment instructions provided in accordance with this Agreement.
Payees agree to the Zil Money terms of service for all electronic payment modalities.
You may request a stop payment of any Business Payment by contacting us at support@onlinecheckwriter.com or support@zilmoney.com. If you submit a timely stop payment request before funds are transferred to the Payee or any other recipient through a check, wire transfer, or ACH or prior to the use of a virtual card issued to a Payee, Zil Money will make reasonable efforts to act on the request. However, please note that Zil Money will not be liable if such stop payment request is not successful. Zil Money will collaborate with you to stop a Business Payment, but you acknowledge that Zil Money may not always have the capacity to stop such a payment. If Zil Money successfully stops the payment, you will receive a return of the funds to the original Funding Source. In the event that Zil Money cannot effectuate the stop payment, you must request a return of the funds directly from the Payee or other recipient.
This section outlines the responsibility of any party, including white-label customers, embedded customers, or any specific type of customer, who introduces their own customers to the Zil Money platform.
All customers introduced to the Zil Money platform under any white-label, embedded, or similar arrangement must be business users and must use the Services solely for business or commercial purposes, not for personal, family, or household purposes.
By introducing your customers to the Zil Money platform, you acknowledge and agree to the terms and conditions outlined in this section, which are an integral part of the "TERMS OF USE" governing your partnership with Zil Money.
You may be required to register with the Site. You agree to keep your password confidential, and you will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy: privacy-policy.html. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are construed as transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
We use industry-accepted encryption products to protect customer data and communications during transmissions between a customer's network and our platform. In accordance with our standard policy, all data is encrypted in transit, and where possible specific fields are encrypted at rest using industry recognized cryptographic measures, i.e. Transport Layer Security or TLS Encryption. All backups are fully encrypted. All data in motion is encrypted via HTTPS. As applicable to deliverables received by you, you agree to comply with our then-current data encryption policies and controls regarding transmission to and from us of PDFs, images, and other records (the "Deliverables") maintained and produced by us for you in connection with the Deliverables ("Customer Files"), or other data in connection with the Deliverables (collectively, "Data"). If you request or require us to send, transmit, or otherwise deliver Data to you or any third party in a non-compliant format or manner, or you (or third party on your behalf) send(s), transmit(s) or otherwise deliver(s) Data to us in a non-compliant format or manner, then, notwithstanding any other provision of this Terms of Use: (i) you understand and accept all risk of transmitting Data in an unencrypted or otherwise noncompliant format; and (ii) you release, discharge, and shall indemnify and hold us harmless and our employees, officers, directors, agents, and Affiliates from any and all liability, damage, or other loss under the Terms or otherwise suffered by or through you or suffered by any of the indemnified entities arising out of the transmission, destruction, or loss of such Data, including without limitation any information security or privacy breach related to such Data except for willful misconduct or gross negligence by us.
As a SaaS service provider, we uphold our commitment to protect our customers' data privacy and maintain the confidentiality of the information we hold. We implement all reasonable measures to safeguard the data we process and adhere to all relevant data protection laws. Nonetheless, in certain limited and extraordinary circumstances, we may be compelled to disclose customer data to government agencies to satisfy legal obligations and court orders. Government agencies that supervise our bank partners may also request information. We will only disclose customer data when we are legally obligated to do so and will make every effort to protect the privacy and confidentiality of the customer's data to the fullest extent permitted by law. Unless otherwise restricted by law, we will notify the affected customer of such disclosure. We understand that our customers trust us with their data, and we strive to balance the need to comply with legal requirements with our obligation to safeguard the privacy of our customers' data.
These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. IF YOU BECOME THE SUBJECT OF A PETITION IN BANKRUPTCY OR ANY OTHER PROCEEDING RELATING TO INSOLVENCY, RECEIVERSHIP, LIQUIDATION OR ASSIGNMENT WE MAY TERMINATE THIS AGREEMENT WITH IMMEDIATE EFFECT.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dallas, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dallas, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Any party – be it a white-label customer, an embedded customer, or any specific type of customer – that introduces their own clientele to this platform under a previously agreed arrangement, such as a flat fee or revenue share, assumes responsibility for all financial losses associated with their customer(s). This includes, but is not limited to, any losses arising from ACH dispute reversals or other productivity-related issues pertaining to their customer(s) or the utilization of their white-label platform.
For any disputes or concerns, please contact us at support@zilmoney.com. We are committed to resolving issues in a prompt and professional manner.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENTS OR THE CONTENTS OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENTS AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY, INCLUDING OUR BANK PARTNERS, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD.
WE SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU NOR BE DEEMED TO HAVE DEFAULTED UNDER OR BREACHED THIS AGREEMENT, FOR ANY FAILURE OR DELAY IN FULFILLING OR PERFORMING ANY TERM OF THIS AGREEMENT CAUSED BY AN ACT OF WAR, HOSTILITY, OR SABOTAGE, ACTS OF GOD, PANDEMIC, ENDEMIC, ELECTRICAL, INTERNET, OR TELECOMMUNICATION OUTAGE CAUSED BY SOMEONE OTHER THAN US, INCLUDING GOVERNMENT RESTRICTIONS (INCLUDING THE DENIAL OR CANCELLATION OF ANY LICENSE) OR OTHER EVENTS BEYOND OUR REASONABLE CONTROL.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Customer Endorsement and Marketing Consent: You willingly agree and consent, to the extent permitted by law, to be listed or identified as a valued customer of ours. This may include the use of your brand or logo for marketing and promotional purposes.
Entire Agreement: These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
No Waiver of Rights: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law.
No Forfeiture of Rights: Zil Money holds the discretion to assign, in part or whole, our rights and responsibilities to any third party at any given moment. However, without obtaining our express written consent, you are prohibited from transferring or assigning any of your rights or obligations outlined in this Agreement. We retain the authority to transfer or assign this Agreement, along with any associated rights or obligations, at our discretion and without prior notice.
Force Majeure: In the event of unforeseen circumstances beyond our reasonable control, including but not limited to acts of nature, government actions, strikes, riots, civil unrest, wars, pandemics, or any other unavoidable incidents, we shall not be held responsible for any resulting losses. This clause serves to protect both parties in situations of force majeure, providing a fair and reasonable approach to address unforeseeable events that may impact the performance of this Agreement.
Severability: In the unlikely event that any provision or part thereof within these Terms is deemed unlawful, void, or unenforceable, the affected provision or part shall be considered separate and shall not compromise the validity or enforceability of the remaining provisions. Should any provision of this Agreement be found unlawful, void, or unenforceable, it will be revised and interpreted to align with the original intent to the maximum extent permitted by law. All other provisions of this Agreement will continue to be valid and enforceable.
Nature of Relationship: This Agreement created a relationship between you and us as customer and service provider. This Agreement does not establish any joint venture, partnership, employment, or agency relationship between you and us. Both parties expressly acknowledge and agree that their association is solely defined by the terms outlined in this Agreement, and no other form of collaborative or employment relationship is implied or established.
Interpretation of Terms: You acknowledge and agree that these Terms will not be construed against us as the drafter, and any ambiguities or uncertainties shall be resolved in a manner consistent with the fair understanding of the parties at the time of entering into this Agreement.
Electronic Form of Agreement; Acceptance Through Use: By utilizing our service platform and engaging our services after reviewing this Agreement, you signify your acceptance of these Terms. You expressly waive any defenses related to the electronic form of these Terms and the absence of physical signatures, acknowledging that your continued use constitutes a valid and binding agreement between the parties.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Zil Money Corporation
PO Box 6543
Tyler, TX 75711
United States
Phone: (+1)4087757720
Fax: (+1)8777223376
Email: support@zilmoney.com