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Terms of Use

Updated July 2019

These Terms of Use govern your access to and use of our website at www.askzeta.com and our mobile apps on Apple and Google Play. By accessing our website or our web and mobile apps, you agree to be bound by these Terms of Use and our Privacy Notice, and abide by their terms and conditions. If you do not agree to these Terms of Use, do not access or use the website, our mobile apps or any of its features.

ELIGIBILITY

Our website and/or our web and mobile apps and their interactive features are intended solely for users who are at least 18 years of age and reside in the United States or Canada. By creating an online account on the website, our web or mobile apps and accessing its features, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and that you meet all eligibility requirements.


CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them. Your continued use of our website and/or mobile apps following the posting of revised Terms of Use means that you agree to the changes. We encourage you to review our website periodically for the latest version of the Terms of Use.


CREATING AN ACCOUNT

To access certain portions of our service features, you are required to become a member of Zeta. You become a member by creating an online account on our website or via our mobile apps, signing up for our newsletter, reading our blog or utilizing one of our resources.


In order to create an online account, you will be required to provide certain information about yourself, including your email address. By creating an online account, you agree to receive all required notices, disclosures, and other communications electronically to that email address. It is your responsibility to promptly update your email address for your online account when it changes or as otherwise appropriate.


You agree that all information that you provide to establish an online account is current and complete. You must keep confidential the credentials used to log into your online account on our website, and not disclose it to other persons. You acknowledge that your online account is personal to you and agree not to provide any other person with access to the Zeta website using your credentials. You also agree to log off of your online account at the end of each session. You must notify us immediately at support@askzeta.com of any unauthorized access to or use of your credentials or any other breach of security to your online account. Zeta will not be liable for any loss or damage arising from your failure to comply with this paragraph.


We reserve the right to modify or discontinue access to your online account or certain interactive features of the website at any time and for any reason, without prior notice to you unless required by law.


SECURITY

While we use reasonable precautions to protect confidential information on our systems and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error. We cannot guarantee or warrant that any part of the website or our apps, including any links to third-party content, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as through the use of an anti-virus software package, to protect your computer hardware and software.


ACCESS VIA MOBILE DEVICES

You may be able to access and browse our website and our mobile apps via its interactive features through a compatible mobile device. In order to do so, you must have a wireless subscription with a participating carrier or have other network access. You are solely responsible for all service fees and charges from your carrier or network provider, as well as any necessary equipment or software requirements, associated with accessing our website and any of its interactive features through your mobile device.


By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Zeta Help Inc.


Zeta Help Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.


The Zeta app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Zeta app won’t work properly or at all.


You should be aware that there are certain things that Zeta Help Inc. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Zeta Help Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.


If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.


Along the same lines, Zeta Help Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Zeta Help Inc. cannot accept responsibility.


With respect to Zeta Help Inc.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Zeta Help Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.


At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Zeta Help Inc. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.


NOTIFICATIONS & VERIFICATIONS

In order to use Zeta’s services, you must provide and verify your email and cellular phone number (or other text message address) to us, and you must expressly consent to receive text messages or emails relating to the Services at that number or address. Third-party data and message fees may apply. To verify your cellular phone number or text message address, we may send you a code via text message to the cellular phone number or text message address you provide, and you must enter that code as instructed by us. If you change your cellular phone number or text message address, you must promptly provide and verify your new cellular phone number or text message address. You can do this in the Profile section of your Zeta account via the App.


As part of your use of the Services, you may receive notifications, alerts, or emails about the Services. By providing your cellular phone number, you may receive SMS messages relating to your use of the Services. We will not send you promotional or marketing SMS messages without obtaining your separate, written consent, which is not required for you to use the Services. You agree to the receipt of these communications. To control receipt of these communications, please contact us at support@askzeta.com. You are responsible for any messaging or data fees you may be charged by your wireless carrier for receiving SMS notifications.


REFERRAL PROGRAM

In order to participate in the Referral Program, you must accept and agree to our Terms of Use, including these Referral Terms and our Privacy Policy, and have and maintain a Zeta Account in good standing.


i - Earning Referral Rewards. 

When you register for a Zeta Account or from time to time thereafter, we will provide you with a hyperlink, text link, badge, button, or other code via email, text message, social media platform, or other format that contains a unique referral ID associated with your Zeta Account (a "Referral Link"). Subject to these Referral Terms, within 30 days of the completion of the Sign-Up Process by each Qualifying Referral using your Referral Link, we will send you the specified referral reward ("Referral Reward"), less any taxes or other amounts that we are required by law to withhold, to your email on file. Please refer to the Website for the current Referral Reward. All Referral rewards will be paid in U.S. Dollars. For purposes of these Referral Terms, a "Qualifying Referral" means a couple that (a) does not currently have, and has never had, a Zeta Account; (b) has not initiated the Sign-Up Process prior to clicking on your Referral Link; and (c) uses your Referral Link to complete the Sign-Up Process, and "Sign-Up Process" means the successful registration for a Zeta Account pursuant to our Terms of Use, including, but not limited to, linking of certain bank account and identification information. We will determine, in our sole discretion, whether a Qualifying Referral completes the Sign-Up Process using your Referral Link in accordance with these Referral Terms and whether you are eligible to receive a Referral Reward.


ii - Restrictions and Limitations. 

We reserve the right to investigate any suspicious or inappropriate activity relating to the Referral Program. Notwithstanding any provision of these Referral Terms, we are not obligated to pay any Referral Rewards if we determine, in our sole discretion, that (a) the Sign-Up Process completed by a Qualifying Referral is not a bona fide transaction, including, without limitation, if you use a Referral link to register for more than one Zeta Account; or (b) you have engaged in any fraudulent or deceitful behavior in connection with the Referral Program, including, without limitation, if you, directly or indirectly, offer any person a financial or other incentive to complete the Sign-Up Process using your Referral Link or attempt to redirect traffic from, or divert Referral Rewards from, any other participant in the Referral Program. We reserve the right, in our sole discretion, to delay payment of any Referral Rewards while we investigate your participation in the Referral Program or any use of your Referral Links.


iii - Non-Exclusive. 

The Referral Program is non-exclusive. You acknowledge and agree that we may, at any time, solicit customer referrals via any method in our sole discretion.


iv - Termination or Suspension of Referral Program. 

You may stop participating in the Referral Program at any time by contacting us at support@askzeta.com and providing sufficient information for us to verify your identity. We may, in our sole discretion, suspend, limit, or terminate the Referral Program and terminate these Referral Terms and Conditions for any reason at any time by providing notice to you (including notice via email at the email address we have for you in our records). Termination of the Referral Program and these Referral Terms will not automatically result in the termination of our Terms of Use or your Zeta Account, unless otherwise specified by us. However, termination of our Terms of Use or closure of your Zeta Account will result in the automatic termination of your participation in the Referral Program and termination of these Referral Terms. Upon termination of these Referral Terms, you must immediately cease all use of Referral Links, and Referral Rewards earned but unpaid as of the date of termination will remain payable, unless we terminate these Referral Terms for your breach of these Referral Terms or our Terms of Use. Provisions of these Referral Terms that, by their nature, should survive termination of these Referral Terms will survive termination of these Referral Terms.

If you have any questions, comments, or concerns regarding these Referral Terms or the Referral Program, please contact us at support@askzeta.com.


OFFERS FOR FINANCIAL PRODUCTS

We may use your Financial Information to generate offers for financial products and services from our marketing partners that may be of interest to you. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a financial product or service on your behalf without your express consent. We may receive compensation from our marketing partners for promoting their products and services through our Services.


The technology we use to provide you with offers for financial products and services is proprietary and, in finding those offers for you, we may elect to consider, ignore, emphasize, or de-emphasize relevant factors in our sole discretion. We do not guarantee that you will be presented with offers for any particular types of products or services or that you will meet the approval criteria for any particular offer.


Zeta does not endorse, warrant or guarantee any third party products or services available through the Services. While we work hard to verify the rates, terms, and rewards offered by any particular advertiser or third party, we cannot guarantee that the rates, product terms, rewards, or other service terms offered by any particular advertiser or other third party on the Services are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms or lowest rates available in the market. Any offer is subject to the third parties’ review of your Financial Information. If you elect to use or purchase products or services from third parties, you are subject to their terms and conditions and privacy policy.


TIPS

You have the option to opt-into giving us a monthly recurring tip under your sole discretion. Your decision to opt-into giving us a tip has no impact on your ability to use Zeta’s features. 


The tip amount is selected by you based on several options disclosed in our web and mobile apps. We may debit the Tip on a monthly basis from your Bank Account pursuant to your ACH authorization provided below. Tips are non-refundable, except as otherwise required by applicable law. We may change the debit date of the Tip from time to time in our sole discretion. 


Your Authorization for ACH Debits and Credits.

By opting-into tips, you provide your electronic signature to this Terms of Use and you authorize Zeta to electronically debit and credit your Bank Account via the Automatic Clearing House (“ACH”), and, if applicable, to correct erroneous debits and credits via ACH. Your continued use of the Services will reaffirm your authorization to debit that amount from your Bank Account.


We try to avoid overdrafts but, despite our efforts, a tip may cause an overdraft in your Bank Account and your bank may charge you an overdraft or insufficient funds fee. Such fees are retained by your bank; we do not receive any portion of such fees. If you are charged such a fee, please let us know. 


You acknowledge that the electronic authorization contained in this section represents your written authorization for ACH debit transactions as provided in this section and will remain in full force and effect until you notify Zeta that you wish to revoke this debit authorization in one of two ways:

  • turning off tips in the App, or
  • contacting us via email at support@askzeta.com.


You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. Similarly, if you turn off automatic savings, that change in your settings may not take effect or stop a pending debit transaction for up to 3 banking days. If you turn off automatic savings or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.


In addition, by agreeing to these Terms, you authorize Zeta to electronically debit your Bank Account via ACH as follows:

  • Amount of Debits: tip amount you have selected
  • Frequency of Debits: once a month


You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below.

In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption; (ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.


REGISTERED INVESTMENT ADVISOR

Zeta is NOT a registered investment adviser. We are not providing investment advisory services to you through the content we provide on our website or in the use of our online tool.


THIRD-PARTY SITES AND CONTENT

We may refer you through our website to entities or websites that we do not own or operate. We do not control and are not responsible for these third parties, their content, or any financial or other products, services, or tools available through them.


The operators of third-party websites may collect information about you through the use of cookies or other web technologies. We have no control over the privacy and security practices of those third parties. You should review the privacy policies and terms of use of any linked websites you may visit.


RELIANCE ON INFORMATION POSTED

The content provided on this website is solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information to your own specific financial circumstances. Any reliance on this information is strictly at your own risk.


NO LEGAL OR TAX ADVICE

The content provided on this website is not written or intended as specific tax or legal advice, and may not be relied on for purposes of avoiding any Federal tax penalties. Zeta does not give tax or legal advice. You are encouraged to seek advice about your specific circumstances from your own tax or legal professional.


PERMISSIBLE USE OF WEBSITE AND INTERACTIVE FEATURES

Our website and our web and mobile apps, along with all of their content and interactive features, are owned by Zeta or licensed from third-party licensors, and is protected by copyright, trademark, or other intellectual property laws of the United States.


You can use Zeta for your personal, non- commercial use only and may download or print a copy of the information contained on the website for lawful, personal, non- commercial use only.


Any copies of information from the website or our apps that you use for permissible purposes must retain all copyright and other proprietary notices contained on the materials. You also may link to content on our website or our apps, provided you do so in a way that is fair and legal, properly identifies the source of the content, does not damage our reputation, and does not create an impression of any form of affiliation, approval, or endorsement on our part. Otherwise, any other copying, republication, reproduction, or posting of graphics, text, or other content from the website is expressly prohibited without our prior written permission. You can request permission at support@askzeta.com.


USER GENERAL CONTENT AND LICENSE GRANT

Our website and mobile apps includes functionality that allows you and other users to post publicly viewable comments to and communicate about our content. In addition, we use Zeta-branded social media pages, on sites such as Medium, Facebook, Twitter, and Instagram, to promote and share company developments, news, and other content. By posting comments and other content to our website’s message boards or on our social media pages, you represent and warrant that you own all rights, title, and interest in the content you post, or have express permission from the owner to copy and use such content for all purposes. We do not control and are not responsible for content posted by you or any other third party on our website’s message boards or on our social media pages and cannot guarantee the accuracy, integrity, quality, or appropriateness of any such content. Any content that you post is publicly accessible and is not subject to the provisions of our Privacy Notice.


By posting content to our website or social media pages, you grant Zeta the worldwide, royalty-free, perpetual, nonexclusive, and irrevocable right and license to reproduce, display, distribute, adapt, and create derivative works from any such content for any purpose and in any medium. We exclusively own all rights, title, and interest in any derivative works created by or on behalf of us that incorporate or make use of content you post to our website or social media pages, and do not give you any further right to inspect or approve our use of such content or to be compensated for any such use.


We reserve the right at our sole discretion to monitor, refuse, or remove any content posted by you or any third party to our website’s message boards or social media pages for any reason, without notice. It is our policy to terminate any online account of any user who repeatedly infringes the copyrights of others.


CONTENT STANDARDS

The following is a partial list of the types of content that are prohibited on our website and social media pages. You agree that you will not post any content that:


  • is defamatory, abusive, obscene, profane, or offensive;
  • is inaccurate, false, or misleading in any way;
  • is off-topic, repetitive, or constitutes spam posts;
  • disparages or criticizes any person or entity;
  • infringes or violates another person's intellectual property rights;
  • violates any person’s right of publicity or right of privacy;
  • is threatening, harassing, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  • is illegal or promotes any illegal activities; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.


PROHIBITED ACTIVITIES

You agree that you will not:


  • use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on our website;
  • take any action to interfere with or disrupt the website or another person’s use of the website, including through means of overloading, flooding, mailbombing, or crashing the website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use;
  • transmit any file that contains viruses, worms, Trojan horses, or any other destructive features, or that otherwise interferes with the proper working of the website; or
  • attempt to decompile or reverse-engineer any of the software or other technology underlying the website or any of its interactive features.


CLOSING YOUR ONLINE ACCOUNT

These Terms of Use will continue to apply to you unless you delete your online account and no longer visit our website. You are able to close your account by contacting us at support@askzeta.com.


We reserve the right to close your online account and/or remove you from our website or our mobile apps. In doing so, we will provide notice to the email associated with you if we believe you have breached any provision of these Terms of Use, if we believe we are required to do so by law, if we no longer offer interactive features of the website or apps for free, if you no longer agree to the terms and conditions of these Terms of Use, or for any other reason in our sole discretion.


COPYRIGHT NOTICE

The technology and content of this website are protected by copyright, or other intellectual property laws of the United States. Unauthorized use may violate copyright and other laws.


DISCLAIMERS OF WARRANTIES

Except as prohibited or limited by law, your use of the website, any of its interactive features, and any of its content is at your own risk. All information presented through the website is furnished “as is” without any express or implied warranties of any kind, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not represent or warrant that the website, its interactive features, or its content is error free, will be uninterrupted, that defects will be corrected, and that the website is free of viruses or other harmful code.


LIMITATION OF LIABILITY

In no event will Zeta, our advisors, partners, our Board of Managers, officers, personnel, or our affiliates be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Zeta website and/or resources and guides or any of its interactive features or its content, even if foreseeable.


INDEMNIFICATION

You agree to indemnify and hold harmless Zeta and its Board of Managers, officers, advisors, partners and personnel from and against all claims, liabilities, damages, and expenses arising out of or in any way attributable to any breach of these Terms of Use by you.


INTENDED FOR US AND CANADIAN RESIDENTS ONLY

Our website is provided for use only by persons located in the United States or Canada. Zeta is not soliciting business in international jurisdictions where it is not registered to do business. The website may not be appropriate or available for use outside of the United States, and access from certain locations may be unlawful. If you access the website from outside the United States or Canada, you do so on your own initiative, and are responsible for compliance with all applicable local laws.


GOVERNING LAW AND VENUE

You agree that any dispute about or involving the website, our app or any of its interactive features or its content is governed by the laws of the California, without regard to its conflict of law provisions, and that the exclusive jurisdiction and venue for the resolution of any such dispute is the state or federal courts in California.


FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting us via the help icon in the App. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.


CONTACT

If you have any questions regarding these Terms of Use, please contact us at support@askzeta.com.


© 2019 Zeta. All rights reserved.

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