Terms of Use
1. Agreement to These Terms
These Terms of Use ("Terms") are a binding agreement between ZenythPay, Inc. ("ZenythPay," "we," "us," or "our") and you, the person or business, when you use the products, services, tools, and functionality offered or made available by us, whether online (including www.zenythpay.com, the “Site”), in person, including but not limited to the merchant dashboard, the mobile application, and any related services (herein collectively referred to as the “Services”) (together, the "Services").
By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to these Terms, our Acceptable Use Policy, our Cookies Policy, and our Privacy Policy, which are incorporated by reference. If you do not agree to these Terms, to our Acceptable Use Policy, or to our Privacy Policy, do not access or use the Services. When you click to accept these Terms, we record your acceptance, including the version of these Terms accepted and the date and time of acceptance, and you agree that ZenythPay's records are conclusive evidence of your acceptance absent manifest error.
If you are accepting these Terms on behalf of a business, you represent and warrant that you are authorized to bind that business, and "you" refers to both you and that business; if you are not so authorized, you are personally responsible for all obligations and liabilities arising from your access to or use of the Services.
2. Relationship to Other Agreements
The Services help you apply for, access, and manage payment-acceptance services. The actual processing, authorization, settlement, funding, chargebacks, reversals, reserves, holds, and related payment-processing obligations for card transactions are governed by a separate Merchant Processing Agreement among you, the sponsor bank, and the processor, together with applicable card network rules. These Terms govern your access to and use of the Services only.
To the extent of any conflict between these Terms and the Merchant Processing Agreement regarding payment processing, authorization, settlement, funding, chargebacks, reversals, reserves, holds, or card acceptance, the Merchant Processing Agreement controls for those matters.
You understand that approval of your merchant account, your continued eligibility for merchant processing services, and the continuation of payment processing are determined solely by the sponsor bank and the processor, in their discretion and under their requirements and the card network rules, and ZenythPay is not responsible for any denial, suspension, reserve, hold, termination, funding delay, chargeback, reversal, or other action taken by them or the card networks. ZenythPay does not guarantee account approval or uninterrupted processing and may act on the instructions of the sponsor bank, the processor, or the card networks.
3. Eligibility
To use the Services, you must be at least 18 years old and capable of forming a binding contract. The Services are intended for businesses and their authorized representatives, not for personal, family, or household use. You represent and warrant that the information you provide is accurate, current, complete, and not misleading; that you are authorized to act for the business you represent, as applicable; and that you will promptly update such information as necessary to keep it accurate, current, and complete.
4. Accounts, Registration, and Security
To use most features, you must register for an account and provide accurate, current, and complete information. You are responsible for:
Maintaining the confidentiality of your login credentials;
All activity that occurs under your account, whether or not authorized by you, except to the extent caused by ZenythPay's willful misconduct;
Enabling and maintaining available security features, including multi-factor authentication;
The acts and omissions of any authorized users you add, and ensuring they comply with these Terms;
Promptly notifying us at of any unauthorized access or suspected security incident.support@zenythpay.com
We may suspend, restrict, or terminate access, with or without notice, to protect the Services, our users, or our partners, including in response to suspected fraud, security risk, violation of these Terms, legal or card-network compliance concerns, excessive chargebacks, reputational risk, or instructions from a sponsor bank, processor, or card network, without liability to you to the fullest extent permitted by law.
5. The Services
Subject to these Terms, ZenythPay grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes and only in compliance with all applicable laws, card network rules, documentation, and ZenythPay policies.
We may add, change, suspend, or discontinue any part of the Services at any time. We may also set limits on certain features or restrict access to parts of the Services without notice or liability, subject to applicable law and any separate written agreement.
6. Acceptable Use and Restricted Businesses
By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to our Acceptable Use Policy. Further, you agree not to use the Services to:
Violate any law, regulation, or card network rule;
Process, submit, facilitate, or attempt to process transactions for any business, activity, product, service, or transaction type prohibited or restricted by ZenythPay, the sponsor bank, the processor, applicable law, or applicable card network rules, including categories such as federally illegal cannabis and CBD-restricted products, adult content, online gambling, multi-level marketing, debt collection, unregistered telemarketing, firearms and ammunition sales, and other restricted business categories;
Submit false, misleading, or fraudulent information or transactions;
Infringe the intellectual property or privacy rights of others;
Introduce malware, attempt to gain unauthorized access, probe or test the vulnerability of the Services, or interfere with their operation;
Reverse engineer, decompile, scrape, crawl, data mine, benchmark, frame, mirror, copy, or create derivative works from the Services except to the limited extent such restriction is prohibited by applicable law;
Submit full card numbers, CVV/CVC, online banking credentials, or other sensitive payment credentials through support tickets, email, chat, free-text fields, file uploads, or any channel not expressly designated by ZenythPay for secure collection;
Resell, sublicense, or provide the Services to third parties except as expressly authorized.
Payment processing offered separately. Payment processing services are offered independently of, and are not conditioned on, the purchase of any product or service from ZenythPay.
7. Cash Discount and Dual Pricing Programs
Where you elect to participate in a cash discount, surcharge, service fee, or dual pricing program through ZenythPay, you are solely responsible for determining whether the program is lawful for your business and for operating the program in compliance with applicable card network rules and law, including required point-of-sale signage and accurate, transparent price disclosures. You understand that this includes applicable California requirements, such as California Civil Code section 1748.1 and California price-transparency requirements (including Senate Bill 478). ZenythPay provides program materials and configuration support as a card-cost-recovery and pricing-transparency option, but does not guarantee that any program, configuration, disclosure, signage, receipt, or pricing practice will comply with applicable law or card network rules.
ZenythPay does not provide tax, accounting, or legal advice. You understand that program materials provided or made availabile to you are informational only. You are responsible for confirming that your pricing and disclosure practices comply with applicable law. You assume all liability for your pricing, disclosures, signage, receipts, tax treatment, and customer communications, and you will defend, indemnify, and hold harmless ZenythPay for any claim, fine, assessment, chargeback, regulatory inquiry, or loss arising from your cash discount, surcharge, service fee, or dual pricing practices.
8. Merchant Statement Audit and Informational Tools
ZenythPay may offer an AI-assisted merchant statement audit and other informational tools that analyze fee and rate data. You understand that these tools are provided for analysis and educational purposes only. You understand that any such tools that are made available to you by ZenythPay are not used to make final underwriting, risk-scoring, fraud-scoring, or adverse-action decisions, and they do not constitute financial, tax, or legal advice. You understand that outputs may contain errors and must be independently verified before you rely on them, and ZenythPay is not responsible for any business decision, savings estimate, fee comparison, underwriting outcome, or other action taken or not taken based on such outputs.
9. Your Content and Submissions
You retain ownership of the information, documents, and materials you submit through the Services ("Your Content"). You grant ZenythPay a non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and use Your Content as needed to provide, secure, operate, maintain, and improve the Services and to meet legal, card network, and payment-industry obligations. High-sensitivity personal information, identity documents, bank-account information, tax identifiers, and settlement documents will be used only as permitted by our Privacy Policy, applicable law, payment-industry obligations, and our agreements, and any service-improvement use will be limited to aggregated or de-identified information where feasible. You represent and warrant that you have all rights, consents, notices, permissions, and lawful bases necessary to submit Your Content and authorize ZenythPay to use it as permitted by these Terms, that Your Content is accurate and not misleading, and that Your Content does not violate law or third-party rights.
10. Intellectual Property
The Services, including the ZenythPay name, the Zenyth logo and brand, software, text, graphics, and design, are owned by ZenythPay or its licensors and are protected by intellectual property laws. Except for the limited license in Section 5, these Terms grant you no right, title, or interest in the Services or our intellectual property. You may not use our marks, trade names, logos, screenshots, publicity materials, or statements implying endorsement or partnership without our prior written permission, which we may withhold in our sole discretion. You may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works from, or otherwise exploit any part of the Services except as expressly permitted by us in writing.
Card network marks. You understand and agree that Visa, Mastercard, American Express, Discover, and other card network names and logos are the property of their respective owners. ZenythPay provides payment-related services through processor and sponsor-bank relationships and is not a card network member. Nothing in the Services implies that any card network endorses ZenythPay or the services it provides. Any display or use of card network marks, and any ISO/MSP or sponsor-bank disclosure, is subject to the applicable card network operating regulations and the sponsor bank's approval.
11. Feedback
If you provide suggestions, ideas, improvements, comments, or other feedback regarding the Services (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use, disclose, reproduce, modify, commercialize, and otherwise exploit the Feedback without compensation or obligation to you.
12. Communications
You consent to receive communications from us, including service-related notices, administrative messages, transactional emails, and, where permitted, marketing communications. You may opt out of marketing emails by following the unsubscribe instructions in those emails. Even if you opt out of marketing communications, we may still send non-marketing communications related to your account, transactions, or use of the Services.
13. Third-Party Services and Devices
The Services rely on third parties, including the payment gateway, the processor, the sponsor bank, payment terminals, and other providers. Your use of those services and devices may be subject to their own terms. Except to the extent ZenythPay is responsible under applicable law or a separate written agreement, third-party services and devices are provided by their respective providers on an "as is" and "as available" basis, and ZenythPay is not responsible for their acts, omissions, availability, security, performance, defects, delays, outages, data handling, fees, or compliance, and references to third parties do not imply endorsement.
14. Fees
Fees for payment processing, including discount rates, transaction fees, and related charges, are set out in your Merchant Processing Agreement and its fee schedules. ZenythPay does not separately bill you for the Services; all merchant fees are governed by and billed through the Merchant Processing Agreement. Except as required by law or expressly stated in a written agreement signed by ZenythPay, fees are non-refundable and remain your responsibility regardless of suspension, termination, non-use, processing delays, or account closure.
15. Disclaimers
THE SERVICES, SUPPORT, DOCUMENTATION, PROGRAM MATERIALS, CONFIGURATIONS, REPORTS, ANALYSES, THIRD-PARTY INTEGRATIONS, AND ANY BETA OR TRIAL FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND COURSE OF DEALING. ZENYTHPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, AVAILABLE AT ANY PARTICULAR TIME, COMPATIBLE WITH YOUR SYSTEMS, OR FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT ANY PAYMENT TRANSACTION WILL BE AUTHORIZED, SETTLED, FUNDED, OR FREE FROM CHARGEBACKS, REVERSALS, HOLDS, RESERVES, OR FRAUD. YOU USE THE SERVICES AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZENYTHPAY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ZENYTHPAY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE FORM OR NUMBER OF CLAIMS, AND MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you only to the minimum extent such limitations are prohibited by applicable law, and all other limitations will remain fully enforceable.
17. Indemnification
You agree to defend, indemnify, and hold harmless ZenythPay and its affiliates, licensors, service providers, officers, directors, employees, contractors, and agents from and against any claims, demands, investigations, fines, assessments, penalties, chargebacks, reversals, reserves, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the Services, Your Content, your violation of these Terms, your violation of law or card network rules, your payment transactions, your goods or services, your taxes, your customers, your fraud or security incidents, or your acts or omissions.
18. Copyright and Intellectual Property Complaints
If you believe content available through the Services infringes your copyright or other intellectual property rights, please contact us at:
ZenythPay
Attn: Legal / IP Notice
9405 Brighton Way, Suite 26, Beverly Hills, CA 90210
legal@zenythpay.com
Your notice should include sufficient information for us to identify the allegedly infringing material, your contact information, your physical or electronic signature, identification of the copyrighted work or other right claimed to be infringed, a statement that you have a good-faith belief that the use is unauthorized, and a statement under penalty of perjury that the information in your notice is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf.
19. Export, Sanctions, and Compliance
You may not use, export, re-export, or transfer the Services except as authorized by applicable law. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions, and that you are not listed on any restricted party list maintained by the U.S. government or other applicable authority.
20. Dispute Resolution, Arbitration, and Governing Law
Please read this section carefully. It affects how disputes are resolved.
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.
Except for claims that may be brought in small-claims court and except that either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, unauthorized access or use, or other irreparable harm, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the breach, termination, enforcement, interpretation, or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitrate, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules before a single arbitrator. The seat and venue of arbitration will be Los Angeles County, California, unless the parties agree otherwise in writing, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator will have authority to award any relief available in court, subject to the limitations and exclusions in these Terms, but may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. You and ZenythPay knowingly, voluntarily, and irrevocably waive the right to a jury trial and the right to bring, join, or participate in any class, collective, consolidated, private attorney general, or representative action or arbitration, to the fullest extent permitted by law. If the class, collective, consolidated, private attorney general, or representative action waiver is held unenforceable as to a particular claim or request for relief, that claim or request for relief must be severed and brought only in a court of competent jurisdiction after completion of arbitration of all arbitrable claims, unless the parties agree otherwise in writing.
If the arbitration provision is found unenforceable as to a dispute, or to the extent court proceedings are permitted under this Section 20, disputes will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you irrevocably consent to personal jurisdiction and venue there and waive any objection based on inconvenient forum.
21. Termination
You may stop using the Services at any time, but you remain responsible for all fees, chargebacks, reversals, reserves, refunds, disputes, taxes, indemnity obligations, and other liabilities incurred before or after cessation that arise from your account, transactions, customers, or use of the Services. We may suspend or terminate your access to the Services at any time, with or without cause, including for violation of these Terms, risk to the Services or other users, or as required by our partners or law. Termination of the Services does not by itself terminate the Merchant Processing Agreement, which has its own termination terms. Suspension or termination of your Merchant Processing Agreement, payment-processing privileges, or sponsor-bank/processor account may limit or disable related dashboard, reporting, terminal, settlement, payment-link, invoicing, or transaction functionality. Sections that by their nature should survive termination will survive, including Sections 6, 9 through 16, 18, 19, and 20, and any payment, chargeback, reserve, refund, tax, audit, confidentiality, ownership, disclaimer, limitation of liability, indemnity, dispute-resolution, and compliance obligations.
22. Electronic Communications and E-SIGN Consent
By using the Services, creating an account, or clicking to accept, you consent to transact electronically and to receive all communications, notices, disclosures, authorizations, agreements, tax forms, and records from us, the sponsor bank, the processor, and their service providers electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.
To access and retain electronic records, you need a device with internet access, a current web browser or our mobile application, and a valid email address. We maintain records of your acceptance of these Terms and other agreements, including the version accepted and the date and time of acceptance.
You may withdraw your consent to electronic records or request a paper copy of a record by contacting . Withdrawing consent may limit, suspend, or end your ability to use the Services, but does not affect the validity or enforceability of prior electronic communications, acceptances, signatures, authorizations, or records. Consent to text-message and marketing communications is governed by our separate E-SIGN Consent and SMS/Text Messaging (TCPA) Consent Terms, and you may opt out of marketing messages as described there.support@zenythpay.com
23. Changes to These Terms
We reserve the right to modify or amend these Terms at any time and for any reason. If we make any changes, we will notify you by posting it on our Site. We encourage you to frequently check this page for any changes to stay informed about how we are helping to protect the information we collect. By using our Services, you acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of any modifications. If required by applicable law, we will provide additional notice of material changes to these Terms, which may include email or a notice on the Site before or when the change becomes effective. We encourage you to review these Terms periodically. Your continued access or use of our Site and Services following a change means you acknowledge the updated Terms, and, where consent is required by applicable law, consent to the collection, maintenance, use and disclosure of your data as set out in the updated Terms.
24. Miscellaneous
These Terms, the Privacy Policy, the Acceptable Use Policy, the Cookies Policy, and any agreements expressly incorporated, including the Merchant Agreement, are the entire agreement between you and ZenythPay regarding the Services. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign, delegate, or transfer these Terms or your account without our prior written consent, and any attempted assignment, delegation, or transfer without consent is void; we may assign, delegate, or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, financing, sale of assets, corporate transaction, or to an affiliate or successor without notice or consent. Nothing in these Terms creates a partnership, agency, or joint venture. We are not liable for failures or delays caused by events beyond our reasonable control, including acts of God, labor disputes, internet or telecommunications failures, power outages, cyberattacks, third-party service failures, processor or sponsor-bank actions, card network actions, governmental actions, changes in law, emergencies, or unusually high transaction volumes.
25. Contact Us
ZenythPay, Inc.
9405 Brighton Way, Suite 26,
Beverly Hills, CA 90210
+1 (833) 993-6984
support@zenythpay.com