Terms of Use — ZOCCAM

This User Agreement (“Agreement”) is a contract between you and ZOCCAM Technologies, LLC (“ZOCCAM”, “we”, “us”, “our”) and applies to your use of ZOCCAM® products and services and any other ZOCCAM® features, technologies, and/or functionalities offered by ZOCCAM on our website, in the ZOCCAM app or through any other means (the “ZOCCAM Platform”). The ZOCCAM Platform is designed to connect those involved in real estate transactions — such as title companies, escrow agents, real estate brokers, and agents and purchasers of real estate — in order to conduct certain business transactions, including allowing the generation and/or transmittal of checks, ACH debit transactions, and instant payments to a third party’s financial institution. The ZOCCAM Platform is provided to you subject to this Agreement as well as our Privacy Policy, which is incorporated herein by reference.

Section A

A.Third Party Agreements

A.1Mobile Operating System Providers

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, and 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.

A.2Home Warranty Providers

ZOCCAM, as the provider of the ZOCCAM Platform, shall not be held responsible or liable for any risks, damages, or losses associated with your purchase of any home warranty through the ZOCCAM Platform. All such transactions for any home warranty are between you and the home warranty provider, and are subject solely to the terms and conditions provided by the home warranty provider. ZOCCAM does not guarantee or warrant the legality or accuracy of any home warranty product offered by a home warranty provider through the ZOCCAM Platform. ZOCCAM is not a party to any home warranty transactions between you and the home warranty provider, and ZOCCAM shall have no responsibility for resolving any disputes that may arise from such transactions.

Section B

B.ZOCCAM Platform Service Terms

B.1Eligibility and Account Registration

To be eligible to use the ZOCCAM Platform, you must be located in the United States and create an account with a cellular/wireless telephone number that you own. As further detailed in our Privacy Policy, in order to register, create and use an account, ZOCCAM may require that you submit certain personal information, including but not limited to your name, email address, text-enabled cellular/wireless telephone number, street address or zip code. You agree that the personal information you provide upon registration and at all other times will be true, accurate, current and complete, and you agree to maintain and update this personal information as necessary. If you need to update any of your user account information, please send a message to support@zoccam.com. Account setup also includes ZOCCAM’s issuance or your creation of authentication credentials (e.g., user name/passcode). You and users must maintain strict confidentiality of such credentials and shall be solely responsible for any act or omission in connection with use of such credentials.

B.2Types 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 any other on-boarding contract you executed with ZOCCAM (“Onboarding Contract”), you commit to paying your monthly transaction fees as outlined in your Onboarding Contract. We may place a hold on your transactions if you are in breach of this Agreement and/or your Onboarding Contract.

B.3Identity 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. Such verification and authentication may also require your provision of log-in credentials for certain of your financial accounts. You provide log-in credentials for your accounts (“Credentials”) at your own risk.

B.4Transaction 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 support@zoccam.com.

B.5Sending Checks for Deposit

When you initiate a transaction through the ZOCCAM Platform, ZOCCAM may use third-party service providers to collect, transmit, and process transaction and account data on our behalf. Any such service providers are bound by confidentiality and data-handling obligations consistent with our Privacy Policy.

B.5.iSending 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.

B.5.iiCanceled 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.

B.5.iiiFees 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. Additional fees may apply to ACH debit transactions and instant payment transactions as described in Sections B.10(v) and B.11(v), respectively.

B.6Transaction 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 recipient. ZOCCAM will provide notice to all parties by email if the transaction is canceled. For instant payment transactions processed through the RTP® Network or the FedNow® Service, you acknowledge that a transaction hold or investigation may not prevent the completion of a transaction due to its real-time and irrevocable nature. ZOCCAM will use commercially reasonable efforts to review flagged instant payment transactions prior to submission, but cannot guarantee that a hold will be applied before settlement occurs.

B.7Closing Your Account

B.7.iHow to Close Your Account

Please send a request to close your account to support@zoccam.com.

B.7.iiLimitations 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.

B.8Transaction 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.

B.8.iRelease of Transaction Hold

ZOCCAM will confirm or cancel any transaction hold within 1 Business Day.

B.8.iiHold 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.

B.9Termination

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.

B.10ACH Debit Transactions New 2026

The ZOCCAM Platform may facilitate Automated Clearing House (“ACH”) debit transactions to process payments in connection with real estate transactions. ACH debit transactions are governed by the National Automated Clearing House Association (“NACHA”) Operating Rules and applicable federal regulations, including Regulation E (12 C.F.R. Part 1005), to the extent applicable. By initiating or authorizing an ACH debit transaction through the ZOCCAM Platform, you agree to the following terms.

B.10.iAuthorization

By providing your bank account information (including routing number and account number) and initiating or authorizing an ACH debit transaction through the ZOCCAM Platform, you authorize ZOCCAM, or its designated third-party payment processor, to initiate one or more ACH debit entries from the bank account you have designated. This authorization shall remain in effect until you revoke it in accordance with Section B.10(ii) below. You represent and warrant that you are the authorized signer or account holder on the designated bank account and that you have the authority to authorize ACH debits from such account.

B.10.iiRevocation of Authorization

You may revoke your authorization for future ACH debit transactions by providing written notice to ZOCCAM at support@zoccam.com at least three (3) Business Days prior to the scheduled date of the transaction. Revocation of authorization does not apply to ACH debit transactions already in process at the time notice is received. You may also contact your financial institution to request a stop payment on a pending ACH debit; however, your financial institution may charge you a fee for this service.

B.10.iiiTiming and Settlement

ACH debit transactions are processed through the ACH Network and are subject to standard ACH processing times. ZOCCAM does not guarantee the timing of any ACH debit transaction, and settlement times may vary depending on your financial institution and the ACH Network’s processing schedule. ACH transactions are generally processed on Business Days only. Transactions initiated on weekends, holidays, or after applicable cut-off times may not be processed until the next Business Day.

B.10.ivReturned and Failed ACH Transactions

An ACH debit transaction may be returned or rejected by your financial institution for reasons including, but not limited to, insufficient funds, account closure, invalid account information, or an unauthorized transaction claim. In the event of a returned or failed ACH transaction, you remain responsible for the underlying payment obligation. ZOCCAM reserves the right to re-initiate a returned ACH debit up to two (2) additional times in accordance with NACHA Operating Rules. You may be subject to fees as described in Section B.10(v) below.

B.10.vACH Transaction Fees

ZOCCAM may charge fees in connection with ACH debit transactions, including but not limited to per-transaction fees, returned item fees, and insufficient funds fees. Applicable fees will be disclosed to you prior to initiating a transaction or as set forth in your Onboarding Contract, if applicable. Your financial institution may also impose its own fees in connection with ACH debit transactions, including but not limited to insufficient funds fees, stop payment fees, and reversal fees. ZOCCAM is not responsible for any fees charged by your financial institution.

B.10.viError Resolution

If you believe an ACH debit transaction was initiated in error, was unauthorized, or was processed for an incorrect amount, you must notify ZOCCAM within sixty (60) calendar days of the date the transaction appeared on your bank statement by contacting us at support@zoccam.com or by calling (888) 605-2444. ZOCCAM will investigate the reported error and provide the results of its investigation within ten (10) Business Days of receiving your notice. If ZOCCAM requires additional time to complete its investigation, it may take up to forty-five (45) calendar days, provided that ZOCCAM provisionally credits your account within ten (10) Business Days. You agree to cooperate with ZOCCAM in its investigation of any reported error, including providing requested documentation and information.

B.10.viiConsumer Protections

To the extent required by applicable law, including Regulation E, consumer ACH debit transactions are subject to certain error resolution and liability limitation protections. ZOCCAM will comply with all applicable consumer protection requirements in connection with ACH debit transactions processed through the ZOCCAM Platform. Nothing in this Agreement is intended to limit or waive any consumer protections required by applicable federal or state law.

B.10.viiiData Security and Bank Account Information

ZOCCAM will handle your bank account information in accordance with its Privacy Policy and applicable data security standards. You are responsible for ensuring that the bank account information you provide is accurate and current. ZOCCAM is not liable for any failed, delayed, or misdirected ACH transactions resulting from inaccurate bank account information provided by you.

B.11Instant Payments New 2026

The ZOCCAM Platform may facilitate instant payment transactions through one or more instant payment networks, including The Clearing House’s RTP® network (“RTP Network”) and the Federal Reserve’s FedNow® Service (“FedNow Service”) (collectively, the “Instant Payment Networks”). Instant payment transactions processed through the RTP Network are governed by The Clearing House RTP Operating Rules. Instant payment transactions processed through the FedNow Service are governed by the FedNow Service Operating Rules established by the Federal Reserve. By initiating or authorizing an instant payment transaction through the ZOCCAM Platform, regardless of which Instant Payment Network is used, you agree to the following terms.

B.11.iIrrevocability and Finality of Payments

YOU ACKNOWLEDGE AND AGREE THAT INSTANT PAYMENT TRANSACTIONS, WHETHER PROCESSED THROUGH THE RTP NETWORK OR THE FEDNOW SERVICE, ARE IRREVOCABLE AND FINAL ONCE SUBMITTED FOR PROCESSING.

Unlike ACH transactions or traditional check payments, instant payment transactions cannot be reversed, recalled, canceled, or stopped after submission. You are solely responsible for verifying the accuracy of all transaction details, including the recipient, account information, and payment amount, prior to authorizing an instant payment transaction. ZOCCAM shall not be responsible or liable for any instant payment transaction sent to an incorrect recipient or in an incorrect amount due to information provided by you.

B.11.iiSettlement and Availability

Instant payment transactions are designed to settle in real time, typically within seconds, and are available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year, including weekends and holidays. Both the RTP Network and the FedNow Service operate on a continuous basis. Notwithstanding the foregoing, ZOCCAM does not guarantee the timing or availability of any instant payment transaction. Settlement and availability may be affected by factors outside ZOCCAM’s control, including but not limited to the recipient’s financial institution’s participation in the applicable Instant Payment Network, network outages, system maintenance, or technical issues.

B.11.iiiNetwork Selection and Routing

ZOCCAM may, in its sole discretion, determine which Instant Payment Network to use for processing any given instant payment transaction based on factors including, but not limited to, network availability, the participating financial institutions of the sender and recipient, transaction amount, and applicable network rules. You acknowledge that the choice of Instant Payment Network may affect certain aspects of the transaction, including processing times and available features. ZOCCAM reserves the right to route transactions through either the RTP Network or the FedNow Service, or to offer you a choice of network where available and practicable.

B.11.ivTransaction Limits

Instant payment transactions are subject to per-transaction limits as established by the applicable Instant Payment Network, your financial institution, and/or ZOCCAM. The RTP Network and the FedNow Service may impose different per-transaction limits. Current network limits and any ZOCCAM-imposed limits will be communicated to you within the ZOCCAM Platform prior to initiating a transaction. ZOCCAM reserves the right to modify its transaction limits at any time in its sole discretion. Your financial institution may impose additional limits on instant payment transactions.

B.11.vInstant Payment Transaction Fees

ZOCCAM may charge fees in connection with instant payment transactions, including but not limited to per-transaction fees. Fee amounts may vary depending on the Instant Payment Network used to process the transaction. Applicable fees will be disclosed to you prior to initiating a transaction or as set forth in your Onboarding Contract, if applicable. Your financial institution may also impose its own fees in connection with instant payment transactions. ZOCCAM is not responsible for any fees charged by your financial institution.

B.11.viRejected and Failed Instant Payment Transactions

An instant payment transaction may be rejected or may fail for reasons including, but not limited to, the recipient’s financial institution not participating in the applicable Instant Payment Network, invalid account information, the transaction exceeding applicable limits, insufficient funds, or network errors. In the event of a rejected or failed instant payment transaction, ZOCCAM will notify you and the funds will not be debited from your account (or will be returned if already debited). ZOCCAM is not liable for any damages, costs, or losses resulting from a rejected or failed instant payment transaction. Where feasible, ZOCCAM may attempt to route the transaction through an alternative Instant Payment Network or offer an alternative payment method.

B.11.viiError Resolution for Instant Payments

Due to the irrevocable nature of instant payment transactions, error resolution for instant payments differs from ACH transactions. If you believe an instant payment transaction was initiated in error or was unauthorized, you must notify ZOCCAM immediately by contacting us at support@zoccam.com or by calling (888) 605-2444. ZOCCAM will investigate the reported issue; however, ZOCCAM cannot guarantee recovery of funds once an instant payment transaction has been completed. ZOCCAM may, at its discretion, attempt to coordinate with the recipient’s financial institution to request a return of funds, but neither ZOCCAM nor the recipient’s financial institution is obligated to effectuate such a return. The applicable Instant Payment Network’s operating rules may provide certain mechanisms for requesting the return of funds, but compliance with such requests by the recipient or the recipient’s financial institution is voluntary. To the extent required by applicable law, ZOCCAM will comply with all consumer protection requirements in connection with instant payment transactions.

B.11.viiiRequest for Payment (RfP)

The ZOCCAM Platform may utilize the Request for Payment (“RfP”) functionality available on both the RTP Network and the FedNow Service, which allows a payee to send a request for payment to a payer through the applicable Instant Payment Network. If you receive an RfP through the ZOCCAM Platform, you are under no obligation to pay the requested amount. Acceptance of an RfP and initiation of the corresponding instant payment is at your sole discretion. Once you authorize payment in response to an RfP, the resulting instant payment transaction is subject to all terms in this Section B.11, including the irrevocability provisions in Section B.11(i).

B.11.ixNetwork Availability and Limitations

Instant payment transactions require that both the sending and receiving financial institutions participate in at least one common Instant Payment Network. Not all financial institutions participate in the RTP Network or the FedNow Service, and participation may differ between the two networks. ZOCCAM makes no representation or warranty that instant payment transactions will be available for all transactions or with all financial institutions. In the event that an instant payment transaction cannot be completed due to network limitations on either the RTP Network or the FedNow Service, ZOCCAM may offer alternative payment methods, such as ACH or check, subject to the applicable terms of this Agreement.

B.11.xCompliance with Network Operating Rules

You acknowledge that instant payment transactions processed through the ZOCCAM Platform are subject to the operating rules of the applicable Instant Payment Network, including The Clearing House RTP Operating Rules (for RTP Network transactions) and the FedNow Service Operating Rules established by the Federal Reserve (for FedNow Service transactions). In the event of a conflict between this Agreement and the applicable network operating rules with respect to an instant payment transaction, the applicable network operating rules shall govern. ZOCCAM reserves the right to modify the terms of this Section B.11 as necessary to comply with changes to any Instant Payment Network’s operating rules.

B.11.xiRelationship to Other Payment Terms

Except as specifically provided in this Section B.11, all other terms of this Agreement applicable to transactions conducted through the ZOCCAM Platform, including but not limited to the provisions regarding transaction investigation (Section B.6), transaction holds (Section B.8), restricted activities (Section D.9), acceptable use (Section D.10), disclaimers (Section D.12), and disputes (Section D.14), shall apply to instant payment transactions processed through either the RTP Network or the FedNow Service.

Section C

C.Mobile Platform

C.1Third Party Operating System Providers, Phone Manufacturers, and Wireless Carriers

The ZOCCAM Platform may be accessed through ZOCCAM’s mobile application which works on a mobile platform linked to a particular device and operating system, such as Apple’s iOS operating system. You agree to comply with all applicable Covered Third Parties’ 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 Covered Third Parties.

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.

C.2Services 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 ZOCCAM 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.

Section D

D.General Terms and Conditions

D.1Notices 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.

D.2Business 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), Martin Luther King, Jr. Day (the third Monday in January), Presidents Day (the third Monday in February), Memorial Day (the last Monday in May), Juneteenth National Independence Day (June 19), 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). Notwithstanding the foregoing, instant payment transactions processed through the RTP Network or the FedNow Service may be initiated and settled at any time, including outside of Business Days, weekends, and holidays, subject to network availability.

D.3Notices to ZOCCAM

Notices to ZOCCAM must be sent by certified mail or reputable overnight courier to: ZOCCAM Technologies, Inc., Attention: Legal Department, 8117 Preston Road, Suite 750, Dallas, Texas 75225.

D.4Calls 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.

D.5Intellectual Property

“ZOCCAM.com”, “ZOCCAM”, the “ZOCCAM Platform” and all related logos, products and services described on our website and in our mobile applications are either trademarks or registered trademarks of ZOCCAM Technologies, LLC. 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 ZOCCAM Platform or display them in any manner that implies ZOCCAM’s sponsorship or endorsement. Certain other product or service names, brand names and ZOCCAM-related names may be trademarks of their respective owners.

All right, title and interest in and to the ZOCCAM Platform, including its website and mobile application and any content thereon are owned or licensed by, and are proprietary to, ZOCCAM. Your rights in and to them are limited to the License Grant set forth in Section D.15.

D.6Taxes

ZOCCAM is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

D.7Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

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.

D.8Loss 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 (888) 605-2444 or by email to support@zoccam.com.

D.9Restricted Activities

In connection with your use of your account, or the ZOCCAM Platform, including ZOCCAM’s website and mobile application, 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 ZOCCAM Platform 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 ZOCCAM Platform in a manner that ZOCCAM, the Federal Deposit Insurance Corporation or any other governmental agency reasonably believes 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 ZOCCAM Platform 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 Platform to test remote deposit capture behaviors.

D.10Acceptable 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.

D.11Your 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.

D.11.iYour 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.

D.11.iiActions 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;
We 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.

D.12Disclaimers — ZOCCAM Liability

D.12.iDisclaimers

THE ZOCCAM PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW (I) ZOCCAM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT); AND (II) ZOCCAM DOES NOT WARRANT THAT THE ZOCCAM PLATFORM MEETS YOUR REQUIREMENTS, OPERATES WITHOUT INTERRUPTION, OR IS ERROR FREE.

BY USING THE ZOCCAM PLATFORM YOU AGREE THAT THE THIRD PARTY INFORMATION SOURCES THAT MAINTAIN YOUR ACCOUNTS AND ANY THIRD PARTIES THAT INTERACT WITH YOUR CREDENTIALS OR ACCOUNT DATA IN CONNECTION WITH THE ZOCCAM PLATFORM ARE NOT LIABLE FOR ANY LOSS, THEFT, COMPROMISE, OR MISUSE WHATSOEVER IN CONNECTION WITH THE ZOCCAM PLATFORM (INCLUDING NEGLIGENCE), EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.

THIRD PARTY INFORMATION SOURCES THAT MAINTAIN YOUR ACCOUNTS FROM WHICH INFORMATION IS RETRIEVED MAKE NO WARRANTIES OF ANY KIND RELATED TO THE DATA PROVIDED BY OUR SERVICES — WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EXCEPT FOR PDFS OF OFFICIAL ACCOUNT DOCUMENTS, ZOCCAM RETRIEVES ON YOUR BEHALF AND PROVIDES TO YOU WITHOUT ALTERATION, NO DATA PROVIDED BY THE ZOCCAM PLATFORM IS AN OFFICIAL RECORD OF ANY OF YOUR ACCOUNTS.

D.12.iiZOCCAM Liability

ZOCCAM HAS NO LIABILITY FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE ZOCCAM PLATFORM. ZOCCAM’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS (US $1,000.00). THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ZOCCAM HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

D.13Account Closure; Termination of Service

If we close your account or terminate your use of the ZOCCAM Platform 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.

D.14Disputes with ZOCCAM

D.14.iDispute 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.

D.14.iiLaw and Forum for Disputes; Arbitration

This 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 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 Agreement including, but not limited to, any claim that all or any part of this 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.

D.14.iiiWaiver 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.

D.15License Grant

The ZOCCAM Platform requires the use of software and software applications provided to you by ZOCCAM (collectively “Software”). ZOCCAM and its licensors grant you a limited, nonexclusive license to use ZOCCAM’s Software that we provide to you in the United States solely in accordance with this Agreement and any user documentation we may provide, including all updates, upgrades, new versions and replacements of the Software (all of which become part of the “Software”) for your personal use only in accordance with this Agreement. Since the Software will be downloaded to a mobile device, this license extends to your use of the Software on a device that you own or control, as long as your use is permitted by the usage rules set forth for your particular device (for example, the Apple App Store Terms of Use). You may not rent, lease or otherwise transfer your rights in the Software to a third party. You must comply with the implementation and use requirements for the Software contained in this Agreement or in any documentation we provide to you. If you do not comply with such implementation and use requirements, you will be liable for all resulting damages suffered by you, ZOCCAM or any third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the Software. You acknowledge that all rights, title and interest to Software are owned by ZOCCAM. Your rights to use the Software cease immediately upon termination of this Agreement and you must delete all of your copies of the Software.

We may offer you the opportunity to evaluate and/or test new features functions for the Software or entirely new products in a manner that is sometimes referred to in the industry as “beta test.” If you agree to act as a beta tester, your rights to the Software or other products provided are limited to internal use solely for the purpose of assisting us in determining whether the applicable Software or products can be improved, should be changed or are commercially ready. You will not disclose your role as a beta tester without our prior written consent nor will you disclose anything you learn about the applicable Software or products or perform any benchmarking or other comparative analysis. The beta Software or products are provided “AS IS.”

D.16Indemnification

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.

D.17Confidentiality

All confidential, non-public information one party receives from the other in its performance under this Agreement, including the contents of this Agreement and the content, features and functionality of the ZOCCAM Platform, shall be held in strictest confidence and shall not, without the express written consent of the disclosing party, be used or disclosed except to those of the receiving party’s employees, service providers, and individual independent contractors who are bound to substantially similar obligations of confidentiality and have a need to know or as required by law.

D.18Release 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.

D.19Modification 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 this Agreement 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.

D.20Survival

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.

D.21Miscellaneous

ZOCCAM is not a bank or other chartered depository institution. Checks created and 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.

ACH transactions processed through the ZOCCAM Platform are subject to the NACHA Operating Rules and applicable federal regulations. Instant payment transactions processed through the RTP Network are subject to The Clearing House RTP Operating Rules. Instant payment transactions processed through the FedNow Service are subject to the FedNow Service Operating Rules established by the Federal Reserve. In the event of a conflict between this Agreement and the applicable network operating rules, the network operating rules shall govern with respect to the relevant transaction type.

This Agreement and other documents (including but not limited to the Privacy Policy) referenced in or linked to this Agreement, which are hereby incorporated herein and made a part of this Agreement by this reference, contain yours and our entire Agreement regarding your use of the ZOCCAM Platform. If any provision of this Agreement is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of this Agreement, which together will be construed as if such illegal or unenforceable provision had not been included in this Agreement. Any legal action arising out of your use of the ZOCCAM Platform must be brought within one year after the cause of action has arisen. The section headings in this Agreement are for convenience of reference only and are not to be considered as parts, provisions or interpretations of this Agreement. You may not transfer or assign any rights or obligations you have under this Agreement without ZOCCAM’s prior written consent. ZOCCAM reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. A failure in our performance beyond our reasonable control is excused. Nothing in this Agreement is intended to create an agency, partnership, joint venture, or franchise between the parties and neither party has the authority to act in the name or on behalf of or otherwise to bind the other. In performing its obligations under each Agreement, each party is acting as an independent contractor of the other. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.

How to Contact Us

Questions about these Terms?

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, LLC, Attn: Legal Department, 8117 Preston Road, Suite 750, Dallas, TX 75225, or call us at 1 (888) 605-2444.

Terms of Use.