E-SIGN & SMS/TCPA Consent
*Scope: These E-SIGN Consent and SMS/Text Messaging (TCPA) Consent Terms (these "Terms") supplement, and are incorporated by reference into, the ZenythPay Terms of Use (the "Terms of Use") and should be read together with the ZenythPay Privacy Policy (the "Privacy Policy"). Capitalized terms not defined here have the meaning given in the Terms of Use. These Terms apply to the ZenythPay merchant sales, onboarding, dashboard, mobile application, and servicing offerings (collectively, the "Services"). ZenythPay operates as an Independent Sales Organization / Merchant Services Provider (ISO/MSP); it is not the bank or the processor. The sponsor bank (PNC Bank, N.A., the "sponsor bank") and the processor (TSYS / Global Payments, the "processor") perform card authorization, settlement, funding, and final underwriting.*
Introduction
These Terms explain (A) your consent to receive records and sign documents electronically under the federal E-SIGN Act, and (B) your consent to receive text messages from us, including under the Telephone Consumer Protection Act ("TCPA"). Section 22 of the Terms of Use ("Electronic Communications and E-SIGN Consent") contains a short-form E-SIGN consent and refers to "separate SMS and messaging terms." These Terms are those separate terms, and they expand on that consent. If there is any conflict between these Terms and the Terms of Use on the subjects covered here, these Terms control. These Terms are provided in English only, and the English version is the single controlling version. The Services are offered in the United States only.
Part A — E-SIGN Act Consent to Electronic Records and Signatures
A.1 Consent to Electronic Records and Signatures
By using the Services, creating an account, or clicking to accept, you consent under the federal Electronic Signatures in Global and National Commerce Act (the "E-SIGN Act," 15 U.S.C. § 7001 et seq.) to transact electronically with us and to receive all communications, notices, disclosures, authorizations, agreements, tax forms, and records ("Communications") electronically. You agree that:
electronic delivery of any Communication satisfies any legal requirement that the Communication be provided "in writing," be signed, or be delivered by mail or in person;
your electronic signature — including clicking a button or checkbox to accept, typing your name, or otherwise indicating agreement through the Services — has the same legal effect, validity, and enforceability as a handwritten signature; and
the records we maintain in electronic form are admissible and may be used as evidence to the same extent as records originated and maintained in paper form.
Your consent applies to all Communications between you and us, the sponsor bank, the processor, and their respective service providers in connection with the Services, and it remains in effect until you withdraw it as described in Section A.5.
A.2 Scope of Communications Covered
Your consent covers all Communications relating to your account and the Services, including without limitation:
the Terms of Use, the Privacy Policy, these Terms, the merchant application and program agreement, and any card network or bank-required disclosures;
pricing, fee, cash-discount and dual-pricing configuration disclosures, and statement-audit outputs;
account, servicing, chargeback and dispute, and security communications;
authorizations you provide (including ACH and account-verification authorizations); and
tax forms and related records, including IRS Form 1099-K where applicable.
These Communications may be provided by ZenythPay, the sponsor bank, the processor, or their respective service providers. Because ZenythPay operates as an ISO/MSP, certain Communications — for example, those relating to authorization, settlement, funding, and final underwriting — originate from or are controlled by the sponsor bank or the processor, and your consent extends to their electronic delivery.
A.3 Method of Delivery
We may provide Communications to you electronically by any of the following means: (a) posting them in the merchant dashboard or the mobile application; (b) sending them to the email address associated with your account; (c) sending them by SMS/text or in-app notification (subject to Part B); or (d) any other electronic method reasonably designed to provide the Communication to you. A Communication is considered received when it is posted, sent, or otherwise made available to you, whether or not you have actually accessed or read it.
A.4 Hardware and Software Requirements
To access and retain electronic Communications, you need: a device with internet access; a current, supported web browser or the current version of our mobile application; a valid email address; sufficient storage or the ability to print or download and save records (for example, as PDF files); and, for any records we deliver in a specific format, software capable of opening that format. If our hardware or software requirements change in a way that creates a material risk that you will not be able to access or retain a Communication, we will notify you and give you the opportunity to withdraw your consent as described in Section A.5.
A.5 Withdrawing Your Consent
You may withdraw your consent to receive Communications electronically at any time by contacting us at support@zenythpay.com and requesting withdrawal. Your withdrawal is effective only after we have had a reasonable period of time to process it. Because the Services are provided electronically, withdrawing consent may limit, suspend, or end your ability to use some or all of the Services and may require closure of your account. Withdrawing consent does not affect the legal validity or enforceability of Communications provided, or electronic signatures made, before the withdrawal takes effect, and does not apply retroactively to any prior electronic records.
A.6 Requesting a Paper Copy
You may request a paper copy of any Communication we have provided to you electronically by contacting us at support@zenythpay.com and identifying the record you need. We may charge a reasonable fee for producing and mailing paper copies, which we will disclose to you before any charge is incurred. Requesting a paper copy does not, by itself, withdraw your consent to receive Communications electronically.
A.7 Keeping Your Contact Information Current
You are responsible for keeping the email address, mobile number, and other contact information associated with your account accurate and current so that we can deliver Communications to you. You can update your contact information in the dashboard or the mobile application, or by contacting support@zenythpay.com. We are not responsible for any Communication you do not receive because your contact information was out of date or incorrect.
A.8 Retention and Record of Acceptance
When you accept these Terms or any other agreement or disclosure through the Services, we record the version accepted, the date and time of acceptance, and related acceptance metadata, and we maintain an exportable record of that acceptance. Absent manifest error, this acceptance record is conclusive evidence of the terms you accepted and the date and time you accepted them. We retain electronic records as required by applicable law and our records-retention practices.
Part B — SMS / Text Messaging and TCPA Consent
B.1 Message Categories
We may send two distinct categories of text messages to the mobile number(s) associated with your account:
(a) Transactional, account, and security messages (service messages). These support your use of the Services and include, for example, multi-factor authentication and one-time passcodes, account and security alerts, verification messages, and servicing, funding, and dispute-related notices. Service messages are part of the Services, and we send them based on our servicing relationship with you.
(b) Marketing and promotional messages. These include offers, product announcements, and other promotional content, and are sent only where you have separately provided express opt-in consent as described in Section B.2.
B.2 Express Consent for Marketing Messages (TCPA)
By providing your express written consent — for example, by checking a dedicated marketing opt-in box or texting a designated keyword to enroll — you agree that we (and our service providers acting on our behalf) may send you recurring marketing and promotional text messages at the mobile number you provide, including, where used, messages sent using an automatic telephone dialing system or an autodialer, or an artificial or prerecorded voice or message, as those concepts are used under the TCPA (47 U.S.C. § 227).
Consent to receive marketing text messages is not a condition of purchasing any goods or services or of receiving the Services. You can use the Services without agreeing to receive marketing texts. Service messages described in Section B.1(a) are not marketing messages and do not depend on your marketing opt-in.
B.3 Message Frequency and Charges
Message frequency varies and may be recurring. Message and data rates may apply according to the plan and terms you have with your wireless carrier. You are responsible for any such charges. We send marketing text messages only in accordance with applicable federal and state law, including any applicable time-of-day ("quiet hours") restrictions and any additional consent or timing requirements imposed by state telemarketing or mini-TCPA statutes.
B.4 Opt-Out and Help
You can cancel marketing text messages at any time by replying STOP to any marketing message. After you reply STOP, we will send one confirmation message and will then stop sending marketing texts to that number. For help, reply HELP, or contact us at support@zenythpay.com or +1 (833) 993-6984. You may also withdraw your consent by any other reasonable means — including by contacting us at the address or contacts above — and we will honor your opt-out or revocation of consent as required by applicable law and within the time required by law.
Opting out of marketing texts does not stop transactional, account, and security (service) messages, which are part of the Services. If you wish to stop receiving service messages, you may need to change your account settings, change your notification preferences, or close your account, which may limit or end your ability to use the Services.
B.5 Carriers and Messaging Providers
Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your wireless carrier and is outside our control. Supported carriers include major U.S. carriers; carrier participation and support may change at any time without notice. We may use one or more third-party messaging providers (for example, a [messaging provider] platform vendor) to send messages on our behalf, and your mobile number and message content may be processed by such providers for that purpose.
B.6 How Consent Is Obtained and Recorded
We collect your mobile number during onboarding and through your use of the account, and we obtain your consent to text messaging at onboarding or in the dashboard. When you provide or update consent (including a marketing opt-in) or opt out, we log the action together with a timestamp and related record. For details on how we collect, use, share, and retain your phone number and other personal information, see the Privacy Policy. If you have questions about how your information is handled, contact privacy@zenythpay.com.
B.7 Age and Authority
By consenting to receive text messages, you represent that you are at least 18 years old and that you are the subscriber or customary user of the mobile number you provide, or that you are otherwise authorized to consent to receive messages at that number. If you provide a mobile number that is later reassigned or that you no longer control, you agree to notify us promptly by updating your contact information or contacting support@zenythpay.com.
Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above and provide notice consistent with the notice provisions of the Terms of Use, such as by posting the updated Terms in the dashboard or mobile application or by sending them to you electronically. Changes are effective as of the stated effective date. Your continued use of the Services, or your continued participation in text messaging, after the effective date of an update constitutes your acceptance of the updated Terms, except where additional or separate consent is required by law (including a new express opt-in for marketing messages).
Contact Us
ZenythPay, Inc. 9405 Brighton Way, Suite 26 Beverly Hills, CA 90210
Support: support@zenythpay.com, +1 (833) 993-6984
Privacy: privacy@zenythpay.com
New accounts: +1 (424) 550-0101
*Internal drafting note — not part of the published terms: This is a first draft prepared for review by outside payments counsel and is not legal advice. TCPA violations carry statutory-damages exposure (per-message/per-call), so counsel must confirm the marketing express-written-consent mechanics (including the opt-in disclosure and record-keeping), the autodialer/ATDS and prerecorded-message language, and the STOP/HELP opt-out flow — as well as CTIA and carrier requirements and any applicable state mini-TCPA statutes — before launch. Counsel should also confirm consistency with Terms of Use §22 and the Privacy Policy, and validate the E-SIGN disclosure timing and the acceptance/retention record.*