Valid as of November 27, 2019
A. THIRD PARTY AGREEMENTS
You acknowledge and agree that this Agreement is between you and ZOCCAM, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that ZOCCAM is solely responsible for the ZOCCAM Platform. Your use of the ZOCCAM Platform may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service. Third party operating system providers such as Apple, Google, and Microsoft, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using the ZOCCAM Platform. ZOCCAM is not a party to those agreements and has no responsibility for the products and services provided by third parties.
B. ZOCCAM SERVICE TERMS
1. Terms for ZOCCAM Platform
The ZOCCAM Platform allows you to send checks to third parties or directly to a third party’s financial institution with your mobile device.
a. Eligibility and Account Registration
b.Types of Accounts
We offer two different types of accounts, user and partner accounts. User accounts are for use on a mobile device for user-to-recipient transactions and you may have only one user account per phone number and email address. We may require that you provide more information in order to complete a transaction.
Partner accounts are for the onboarding of your company on the Platform; this account must be applied for and explicitly authorized. By accepting the terms as outlined in this Agreement and an Executed Contract with ZOCCAM, you commit to paying your monthly transaction fees as outlined in your contract with ZOCCAM. We may place a hold on your transactions if you are in breach of this Agreement and/or your Executed Contract.
c. Identity Authentication
You hereby authorize ZOCCAM, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for internal verification purposes.
d. Transaction History
You have a right to your transaction history as a user and may view your transactions in the Docs folder of the home screen or you may request details of a specific transaction in your account history at firstname.lastname@example.org.
e. Sending Checks for Deposit
i. Sending Limits
As a partner account holder, you may, at your discretion and/or your Financial Institution, impose limits on the number of transactions or limit the amount of a transaction that users can conduct through the ZOCCAM Platform. Any such limits are the responsibility of you or your Financial Institution.
ii. Canceled Transactions
When you send a check, the recipient is not required to accept it. You agree that you will not hold ZOCCAM liable for any damages resulting from a recipient’s decision not to accept a transaction made through the ZOCCAM Platform.
iii. Fees for Sending Checks
The fees for user accounts are waived to send checks with ZOCCAM. There is an onboarding fee for each partner account featured on the ZOCCAM Platform and monthly minimum fees and/or per transaction fees. These fees may change from time to time at ZOCCAM’s sole discretion. You may be subject to third-party fees, such as insufficient fund fees, reversal fees, or ACH insufficient fund fees that a bank may charge or other fees the bank may charge under the circumstances.
f. Transaction Investigation
Transaction investigation is a process by which ZOCCAM reviews certain potentially high-risk transactions. If a transaction is subject to transaction investigation, ZOCCAM will place a hold on the transaction and may provide notice to the recipient. ZOCCAM will conduct a review and either approve or cancel the transaction. If the transaction is approved, ZOCCAM will provide notice to the recipient. Otherwise, ZOCCAM will cancel the transaction and the check will not be delivered to the financial institution will be returned. ZOCCAM will provide notice to all parties by email if the transaction is canceled.
g. Closing Your Account
i. How to Close Your Account
Please send a request to close your account to email@example.com.
ii. Limitations on Closing Your Account
You may not close your account to evade a transaction investigation. You will remain liable for all obligations related to your account even after the account is closed.
h. Transaction Hold
ZOCCAM, in its sole discretion, may place a hold on a transaction when ZOCCAM believes there may be a high level of risk associated with the transaction.
i. Release of Transaction Hold
ZOCCAM will confirm or cancel any transaction hold within 1 business day
ii. Hold Review Process
ZOCCAM has measures in place to detect an error or a duplicate check in the transaction. If your transaction has been flagged, an internal review process will take place and all parties will receive notice of the results of the review by email.
Upon termination of this Agreement for any reason, we have the right to prohibit your access to the ZOCCAM Platform, including without limitation by deactivating your username and passcode.
C. MOBILE PLATFORM
1. Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers
The ZOCCAM mobile application works on a platform linked to a particular device and operating system, such as Apple’s iOS operating system. ZOCCAM is solely responsible for providing maintenance and support services for the ZOCCAM Platform. Covered Third Parties have no obligation to provide maintenance or support services for the ZOCCAM Platform.
ZOCCAM, not any Covered Third Parties, is responsible for addressing any claims relating to the ZOCCAM Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the ZOCCAM Platform fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property claims.
2. Services via SMS, Mobile Data, or Remote Deposit Capture
The ZOCCAM Platform allows you to send and receive transactions through a mobile device via SMS, mobile data plan, and remote deposit capture. If you use the Platform on your mobile phone or tablet, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the ZOCCAM Platform.
D. GENERAL TERMS AND CONDITIONS
1. Notices to You
You agree that ZOCCAM may provide notice to you by posting it on our website or if we have your email address or street address, by emailing it to the email address listed in your account or mailing it to the street address listed in your account.
2. Business Days
ZOCCAM’s “Business Days” include all days on which the New York Federal Reserve Bank is open for business, Monday through Friday, excluding Holidays. “Holidays” means all bank holidays including New Year’s Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25).
3. Notices to ZOCCAM
Notices to ZOCCAM must be sent by postal mail to: ZOCCAM Technologies, Inc., Attention: Legal Department, 8117 Preston Road, Suite 750, Dallas, Texas 75225.
4. Calls to You
By providing ZOCCAM a wireless/cellular telephone number, you consent to receiving support calls from ZOCCAM at that number should the need arise.
5. Intellectual Property
“ZOCCAM.com”, “ZOCCAM”, the “ZOCCAM Platform” and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of ZOCCAM Technologies, Inc. You may not copy, imitate or use them without ZOCCAM’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ZOCCAM. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these logos in any way, use them in a manner that is disparaging to ZOCCAM or the Platform or display them in any manner that implies ZOCCAM’s sponsorship or endorsement. All right, title and interest in and to the ZOCCAM website and any content thereon is the exclusive property of ZOCCAM.
Certain other product or service names, brand names and ZOCCAM names may be trademarks of their respective owners.
ZOCCAM is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
If you receive information about another ZOCCAM user through the ZOCCAM Platform, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a ZOCCAM user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
8. Children’s Privacy
Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow anyone under 18 to register for the ZOCCAM Platform. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal or transaction information to us through the ZOCCAM Platform. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at the information provided below in the “Contact Us” section.
9. Loss or Theft of Account Information, PIN, and Mobile Device
If you believe that any of your ZOCCAM account registration information, passcode, or mobile device containing the ZOCCAM Platform has been lost or stolen, or if your account history in the Docs folder shows transfers that you did not make, immediately contact ZOCCAM at 214.247.6500 or by email to support@ZOCCAM.com.
10. Restricted Activities
In connection with your use of our website, your account, or the ZOCCAM Platform, or in the course of your interactions with ZOCCAM, as a user or a third party, you will not:
- breach this Agreement or any other Agreement that you have entered into with ZOCCAM (including an onboarding contract);
- violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- infringe ZOCCAM’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- act in a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- provide false, inaccurate or misleading Personal Information;
- create more than one ZOCCAM account for yourself, through, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified Personal Information;
- send or receive what we reasonably believe to be potentially fraudulent funds;
- refuse to cooperate in an investigation or provide confirmation of your identity or any personal information you provide to us;
- attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both ZOCCAM and the recipient of funds or bank for the same transaction;
- use an anonymizing proxy;
- control an account that is linked to another account that has engaged in any of these restricted activities;
- control or possess more than one user account without authorization from ZOCCAM;
- conduct your business or use the Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to ZOCCAM, a user, a third party or you;
- use your account or the services in a manner that ZOCCAM, the Federal Deposit Insurance Corporation or any other governmental agency reasonably believe to be an abuse of the financial institution system;
- disclose or distribute another ZOCCAM user’s Personal Information to a third party, or use the information for marketing purposes unless you receive the user’s express consent to do so;
- send unsolicited email to a user or use the services to collect information for sending, or assisting in sending, unsolicited email to third parties;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
- use any robot, spider, other automatic device, or manual process to monitor or copy our application or website without our prior written permission;
- take any action that may cause us to lose any of the services from our internet service providers, transaction processors, or other suppliers;
- use the ZOCCAM Service to test remote deposit capture behaviors.
11. Acceptable Use
You agree you will not use the ZOCCAM Platform to violate any law, statute, ordinance, or regulation relating to sales of:
- counterfeit goods;
- narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
- drug paraphernalia;
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- items that are considered obscene;
- items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- certain sexually oriented materials or services;
- ammunition, firearms, or certain firearm parts or accessories; or
- certain weapons or knives regulated under applicable law.
12. Your Liability – Actions We May Take
You are solely responsible for ensuring that your use of the ZOCCAM Platform is in conformance with applicable federal, state and local laws and regulations.
a. Your Liability
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by ZOCCAM, a ZOCCAM user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the ZOCCAM Platform. You agree to reimburse ZOCCAM, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all transactions sent using the ZOCCAM Platform, including but not limited to the accuracy of the check amount and the recipient. ZOCCAM shall not be responsible or in any way held liable due to inaccurate transactions, including but not limited to sending an incorrect check amount or sending checks to an incorrect recipient.
b. Actions by ZOCCAM
If we have reason to believe that you have engaged in any restricted activities, made fraudulent or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect ZOCCAM, another ZOCCAM user, a third party, or you. The actions we may take include but are not limited to the following:
- We may close, suspend, or limit your access to your account or the ZOCCAM Platform;
- we may contact users that were a party in your previous transactions, contact your bank, and warn other users, law enforcement, or impacted third parties of your actions;
- may update inaccurate information you provided us;
- we may refuse to provide our ZOCCAM Platform to you in the future;
- we may take legal action against you.
ZOCCAM, in its sole discretion, reserves the right to terminate this Agreement or access to the Service for any reason and at any time without notice to you.
13. Account Closure; Termination of Service
If we close your account or terminate your use of our Services for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
You may stop using the ZOCCAM Platform at any time or may close your account by contacting us. ZOCCAM, in its sole discretion, reserves the right to terminate the ZOCCAM Platform, to terminate this Agreement, or to terminate your access to the ZOCCAM Platform for any reason and at any time.
14. Disputes with ZOCCAM
a. Dispute with ZOCCAM
If a dispute arises between you and ZOCCAM, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and ZOCCAM regarding our services may be reported by emailing us at the following email address: legal@ZOCCAM.com.
b. Law and Forum for Disputes; Arbitration
This User Agreement shall be governed in all respects by the laws of the State of Texas, without regard to conflict of law provisions, except to the extent that federal law applies.
ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS USER AGREEMENT MUST BE ASSERTED INDIVIDUALLY IN BINDING ARBITRATION CONDUCTED BY A SINGLE ARBITRATOR WITH EXPERIENCE IN CONSUMER ONLINE TRANSACTION SERVICES DISPUTES ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE AAA SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. The forum for arbitration shall be in the city closest to your residence having a federal district courthouse. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. To the extent allowed by applicable law, the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this User Agreement including, but not limited to, any claim that all or any part of this User Agreement is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
There are only two exceptions to this agreement to arbitrate. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Dallas, Texas, if the claim and the parties are within the jurisdiction of the small claims court. For these two exceptions, you agree to submit to the personal jurisdiction of the courts located within Dallas, Texas for the purpose of litigating such claims or disputes.
c. Waiver of Right to Jury; Class Action Waiver
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR 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, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
15. License Grant
You agree to defend, indemnify and hold harmless ZOCCAM and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the ZOCCAM Platform.
17. Release of ZOCCAM
If you have a dispute with one or more users relating to a transaction, ZOCCAM is not responsible for any such dispute and you hereby release ZOCCAM (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
18. Modification of Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we make changes to our Agreements with you that either reduce your rights or increase your responsibilities, we will provide 21 days notice to you before the changes become effective. By using the ZOCCAM Platform after a new Agreement has been posted, you agree to the revised Agreement.
In the event of termination of this Agreement or the ZOCCAM Platform, the terms in this Agreement that by their nature are continuing shall survive such termination, including but not limited to the disclaimers and limitations of liabilities.
ZOCCAM is not a bank or other chartered depository institution. Checks sent with ZOCCAM in connection with the processing of transactions are not deposit obligations and are not insured for the benefit of the user by the Federal Deposit Insurance Corporation or any other governmental agency.
HOW TO CONTACT US
If you have questions or concerns regarding this Agreement or your ZOCCAM account, or any feedback that you would like us to consider, please email us at support@ZOCCAM.com. You may also write to us at ZOCCAM Technologies, Inc., Attn: Legal Department, 8117 Preston Road, Suite 750, Dallas, TX 75225, or call us at 1 (214) 247-6500.