Zapp Inc. (“Zapp” or “we” or “us”) provides the technology and tools to allow you (the “User” or “Customer”) to access a suite of services that helps make payments to persons around the world (each payment a “Transaction”). The following User Agreement ("Agreement") governs the conditions of how our technological platform, whether delivered through a website, application or through a Third Party Provider as defined herein (this technology, the “Platform” and the services it allows Users to access, the “Services”) helps you and may be used. By accessing or using the Platform, you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to the terms of this Agreement, please do not use the Platform.
Zapp partners with third parties who each play a role in allowing Users to send money to persons in various locations around the globe. These third-party providers (“Third Party Providers”) each play an integral role in the functionality of the Platform and Services. Your use of the Platform and the Services is subject to your acceptance of the terms of the Third-Party Providers that Zapp partners with to provide the Services. These include:
UniTeller. UniTeller, Inc. (“UniTeller”) allows its partners to access certain services, including with respect to the Services, the transfer of funds from persons located in the United States to outside of the United States. UniTeller’s terms and conditions, which can be found at this link, as may be updated from time to time, are incorporated into this Agreement by reference. You hereby agree that Zapp shall not be responsible for loss or injury as a result of your use of UniTeller.
Certain Messaging Applications. Users use third party messaging applications to access the Services. You hereby agree to comply with any terms of service or agreements you may have with such messaging applications in order to use the Services. You hereby agree that Zapp shall not be responsible for loss or injury as a result of your use of such services.
Cancelling a Transaction
If you use the Services enter into a Transaction and send money to an intended recipient (a “Beneficiary”) and later request that Zapp and/or its Third Party Providers stop the payment of such Transaction within the time frames set from time to time by us (but in no event will the time limit we set be less than thirty (30) minutes from the time on the receipt of the Transaction), Zapp will work with relevant Third Party Providers to determine if the Transaction has been paid to the Beneficiary. If it can be confirmed that the payment has not been made, the Transaction will be canceled and we will refund or credit back to you (at your bank account or credit/prepaid card that was the source of the funds) the amount of the Transaction, including any transfer fee. Your refund or credit will be in USD. All refunds or credits shall be available promptly.
Except as provided here in, changes to Transactions after submission for processing are not permitted. It is your responsibility to ensure accuracy before submission.
Limitations on Transfer
We reserve the right to establish and assign limits to the amount and/or frequency of electronic fund transfers for the Platform and to modify such limits from time to time at our sole discretion. You agree to comply with all such limits. We may allow these limits to be exceeded at our sole discretion.
User Receipts
You have the right to receive a receipt for each Transaction. The receipt will include details on federal and state agencies, including email addresses, toll-free numbers, and mailing addresses, where consumer complaints may be reported.
Commercial Transactions, Acting on Behalf of Third-Party
Conducting Transactions or using the Platform on behalf of third parties is not allowed. The Platform is not for commercial use, and any such use is a violation of this Agreement and undertaken at your own risk. Zapp may reject transactions and terminate your access to the Platform if commercial use is detected.
You are not permitted to use the Platform in any manner if you are (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) identified as a "Specially Designated National" by the U.S. Office of Foreign Asset Control (OFAC); (c) placed on the U.S. Department of Commerce's "Denied Persons List or Entity List" or any other U.S. export control list; or (d) otherwise prohibited from participating in a Money Transfer due to a third-party service provider's applicable terms and conditions.
Indemnification By using the Platform or being connected to it, you agree to indemnify and hold harmless Zapp, its affiliates, employees, directors, officers, suppliers, vendors, and their respective subsidiaries, officers, agents, partners, employees, consultants and Third Party Providers from any claim or demand, including reasonable attorneys' fees, brought forth by any third party due to or arising from any actual or alleged violation or breach of the Agreement by you; your use of the Platform; any actual or alleged breach of any representation, warranty, or covenant you made to Zapp; your acts or omissions; or your infringement of any rights of a third party
YOU USE THE PLATFORM AND THE SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN USERS USE SERVICES OR THE PLATFORM. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “RELEASE PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY CLAIMS THAT MAY ARISE AS A RESULT OF INTERACTIONS BETWEEN YOU AND THIRD PARTY PROVIDERS TO ENGAGE IN CONFIRMATORY MICROTRANSACTIONS WHICH MAY BE ISSUED AND WITHDRAWN AS A PART OF REQUIRED VERIFICATION PROCESSES (TOGETHER, “CLAIM”), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE RELEASE PARTIES ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTIES.
THE RELEASE PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR THE SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE RELEASE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID ZAPP IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE RELEASE PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
When you engage with Zapp for the Services, we may require that you provide your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.
When you engage with Zapp for the Services, we may require that you provide your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Notwithstanding any current or prior election to opt in or opt out of receiving calls or SMS messages (including text messages) or other messages from messaging applications on electronic devices from us, our agents, representatives, affiliates, Third Party Providers or anyone messaging on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, Third Party Providers or anyone messaging on our behalf for any and all purposes arising out of or relating to the Services, at any telephone number, messaging application profile, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages or messages shared through messaging applications), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. In the event that an agent or representative desires to contact you, they may share messages through messaging applications. You consent to receive SMS messages (including text messages or messages shared through messaging applications), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, Third Party Providers or anyone calling on our behalf at the specific number(s) you have provided to us, numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), or through messaging application profiles that you have historically used to access the Services, with information or questions about your use of the Services. You certify, warrant and represent that the means of contact (phone numbers, contact email addresses, messaging application profiles, etc.) that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider may charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. You acknowledge that this consent to receive calls or SMS messages (including text messages) or other messages from messaging applications on electronic devices from us, our agents, representatives, affiliates, Third Party Providers or anyone messaging on our behalf is voluntary and that you can manage your communication preferences when desired. Zapp is committed to respecting your privacy and will adhere to applicable laws and regulations related to communication and data protection. If you do not wish to receive calls or SMS messages (including text messages) or other messages from messaging applications on electronic devices from us, our agents, representatives, affiliates, Third Party Providers or anyone messaging on our behalf, you can opt-out at any time by sending an email to hola@zapp.global and The Company will process your request within ten (10) days.
Zapp and Third Party Providers may share information concerning your account to third parties under certain circumstances, as required by law or to provide the services to you. For more information, please refer to our Privacy Policy.
You have a right to dispute errors in your transaction. If you think there is an error, contact us within 180 days at (832) 497-0976 or hola@zapp.global. You can also contact us for a written explanation of your rights.
You can cancel a Transaction for a full refund within 30 minutes of payment, unless the funds have been picked up or deposited.
For all other questions or complaints about Transactions facilitated with Zapp using the Services, please contact us by telephone at (832) 497-0976, by email at hola@zapp.global, or by mail at Zapp, Inc., 2001 Timberloch Place, Suite 500, The Woodlands, TX 77380.
Additionally, you may contact the following regulators to assist:
● The State Banking Department (toll free number and website/email data) referenced on your receipt; or
● Consumer Financial Protection Bureau, 855-411-2372, 855-729-2372 (TTY/TDD), www.consumerfinance.gov.
The States of Arizona, Colorado, Illinois, Louisiana, New York, New Jersey, Nebraska, North Carolina, Minnesota, Oklahoma, and Texas have specific disclosures and related terms which are all displayed if you click here.
Amendments
Zapp reserves the right to modify or update this Agreement at any time. Any changes to this Agreement will be posted on the Platform or communicated to you through other reasonable means. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Agreement.
From time to time and without notice, we may increase or change our fees, change the payees available or make other adjustments to the Services, impose limitations on the use of Services (by imposing thresholds, transfer limitations on the amount or frequency of transfers, etc.), or make other changes impacting the Services. Under no circumstances will we be obligated to provide notice if changes must be made to the Services or Platform due to security concerns. The cost of each Transaction shall be presented to you upon entering into such Transaction.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute or claim related to the Platform, or this Agreement will be governed by and construed in accordance with the laws of the State of Texas without regard to conflicts of law.
No Waiver
Zapp's failure to enforce any right or provision in this Agreement does not constitute a waiver of that right or provision. If any provision is found invalid by an arbitrator or court, the intention of this Agreement will still be upheld, and the other provisions will remain in effect.
Force Majeure
Zapp shall not be liable for any failure or delay in Platform performance due to circumstances beyond its reasonable control, such as changes in laws, failures of third-party service providers (including but not limited to the Third Party Providers), infrastructure unavailability, power or internet failure, civil unrest, war, natural disasters, etc.
Entire Agreement
This Agreement constitutes the entire agreement between you and Zapp, governing your use of the Platform and replacing any prior agreements.
Assignment
At Zapp's sole discretion, Zapp may assign its rights and obligations under this Agreement. In cases of such assignment, Zapp will notify you accordingly.
Language
This Agreement has been written in English, and a Spanish translation has been made available. In the event of any inconsistency between the Spanish version and the English versions in any dispute related to this Agreement, you agree that the English version will take precedence.
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