Terms of Use

ZakiPay Terms of Use

IMPORTANT NOTICE:

PLEASE READ THESE ZAKIPAY TERMS OF USE (THE “TERMS OF USE”) THOROUGHLY PRIOR TO UTILIZING THE ZAKIPAY SERVICES (AS DEFINED BELOW). THESE TERMS OF USE INCORPORATE A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “RESOLUTION OF DISPUTES; WAIVER OF CLASS-WIDE CLAIMS.” THIS HAS IMPLICATIONS FOR YOUR LEGAL RIGHTS IN ANY “DISPUTE” BETWEEN YOU AND ZAKIPAY SOLUTIONS, INC. (“ZAKIPAY,” “WE,” OR “US”), INCLUDING A REQUIREMENT TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. PLEASE THOROUGHLY REVIEW THE RESOLUTION OF DISPUTES AND CLASS ACTION WAIVER SECTION ALONG WITH THESE TERMS OF USE BEFORE ENGAGING WITH THE ZAKIPAY SERVICES. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, YOU SHOULD REFRAIN FROM USING THE ZAKIPAY SERVICES.

By engaging with the ZakiPay website, zakipay.com (the “Website”), the ZakiPay application for mobile devices, tablets, or any other portable electronic devices (the “Application”), and the ZakiPay Services (as detailed below), you agree to adhere to these Terms of Use. These Terms of Use represent a binding contract between ZakiPay Solutions, Inc. (“ZakiPay,” “we,” “our,” or “us”) and you, detailing the terms under which you consent to utilize the services, products, features, technologies, or content offered on the Website, the Application, and all associated sites and applications, irrespective of the access mode, including computer, mobile device, tablet, or any other electronic means (collectively, the “ZakiPay Services”). “ZakiPay Account” denotes the non-financial service account within the Application, created by the Application User, where the ZakiPay Services are accessible. “Application User” refers to any individual accessing the ZakiPay Services through the Website or the Application, including but not limited to: (i) a Main Account Holder with respect to an adult over the age of 18 who has been issued a Reloadable Account (as detailed below), (ii) a Sub-Cardholder for minors under guardianship issued with a Sub-Account linked to a Main Account (as detailed below), and (iii) individuals availing free services periodically offered by ZakiPay through the Website, the Application, or other means. The ZakiPay Account does not store any user funds; funds associated with the ZakiPay Reloadable Account Program mentioned in these Terms of Use are held in the Reloadable Account (as defined below), managed by Premier Federal Savings Bank on behalf of the Main Account Holder, or in the Investment Account managed by WealthDrive, LLC. PLEASE REVIEW THESE TERMS OF USE CAREFULLY.

Unless stated otherwise within these Terms of Use, “you,” “your” and “yours” reference an Application User.

Overview of ZakiPay Services.

ZakiPay Services encompass both paid subscription services and complimentary services offered by ZakiPay and/or the respective card issuer periodically through the Website, the Application, or otherwise. ZakiPay Services cover, but are not limited to, the following services, products, features, technologies, and content:

1. A) ZakiPay Reloadable Mastercard Account

ZakiPay Services include a reloadable account service operated by ZakiPay, offering, among other functionalities, the capability for the Main Account Holder to manage and oversee the Reloadable Card(s), particularly setting spending limits and authorizing purchases for any Sub-Account(s). “Main Account” refers to the Main Account Holder’s Reloadable Account, acting as the central wallet for incoming fund loads (as detailed below) and the means to transfer money to Sub-Accounts as described below. The “Main Account Holder” is the person who initiates and is accountable for the Reloadable Account, including any Reloadable Card(s) issued for a Sub-Cardholder’s usage, the Main Account, and any Sub-Account(s). A “Sub-Account” is a Reloadable Account serving as a subsidiary of the Main Account, set up by the Main Account Holder for tracking, overseeing, and approving Reloadable Card transactions initiated by a Sub-Cardholder. A “Sub-Cardholder” denotes a minor or other individual for whom the Main Account Holder acts as a legal guardian, custodian, or trustee, and who is permitted by the Main Account Holder to utilize a Sub-Account. A “Reloadable Card” signifies the ZakiPay Reloadable MasterCard provided to the Main Account Holder by Premier Federal Savings Bank (“PFSB” or the “Bank”) for utilization by a Sub-Cardholder and governed by the Premier Federal Savings Bank Cardholder Agreement (the “Cardholder Agreement”). “Reloadable Account” signifies the records maintained by Premier Federal Savings Bank to account for the monetary value of loads and transactions associated with each Main Account and Sub-Account.

1. B) ZakiPay Family Cash Mastercard Accounts

ZakiPay also offers the ZakiPay Family Cash Mastercard, a rewards credit card issued by First National Bank of Omaha (the “Family Cash Card”), regulated by the terms and conditions of the ZakiPay Family Cash Mastercard Cardmember Agreement (the “Cardmember Agreement”), the Summary of Credit Terms, and the Rewards Program Terms & Conditions, among other agreements/terms & conditions (collectively, the “FCC Terms & Conditions”). Copies of the primary agreements governing the use of the Family Cash Card are accessible under the “ZakiPay Family Cash Mastercard” link in the “Policy Center” located in the footer of the Website’s home page and in the Application Settings.

The ZakiPay Services also include functionalities available in the Application for each Family Cash Card account owner (each, a “Main Cardmember”), encompassing, without limitation, the ability to perform activities (the “FCC Services”), including: (i) viewing Family Cash Card statements; (ii) checking the Family Cash Card balance and recent transactions; (iii) settling Family Cash Card statements using a linked Funding Account; (iv) locking or unlocking Family Cash Cards; and (v) adding authorized users to the Family Cash Card account. If a Main Account Holder terminates their Reloadable Account but wishes to retain their Family Cash Card, they can do so, leading to the Application automatically converting to a limited functionality version solely supporting the Family Cash Card. This version will continue to provide the Main Cardmember and any authorized user access to all FCC Services, subject to periodic updates by ZakiPay.

1. C) Investment Account Services

These Terms of Use also govern the use of the Application to access optional Investment Account Services (defined below) as outlined in Schedule A. To provide the Investment Account Services, ZakiPay Investment Advisors, LLC, a subsidiary of ZakiPay and a registered investment advisor with the Securities and Exchange Commission (“SEC”), will offer investment advisory services, while WealthDrive, LLC (“WealthDrive”) will operate as an SEC-registered broker-dealer and a member of the Financial Industry Regulatory Authority, Inc. (“FINRA”) and the Securities Investor Protection Corporation (“SIPC”). ZakiPay has no ownership interest in WealthDrive. Both ZakiPay and ZakiPay Advisors do not hold user funds ; any funds you may add to your Reloadable Account are solely held by Premier Federal Savings Bank, and any funds you may transfer to your Investment Account are solely held by WealthDrive.

1. D) Mobile Phone and Purchase Protection Services

In addition, SecureTrust Corporation, a Delaware corporation (“SecureTrust”), will provide specific insurance coverage services in connection with the ZakiPay Max Plan and any higher-tier plans as detailed in Schedule A below. ZakiPay holds no ownership interest in SecureTrust.

1. E) Credit & Internet Surveillance and Identity Restoration Services

CreditWatch Services, Inc. and its affiliates (collectively, “CreditWatch”) will offer certain credit monitoring, child internet surveillance, and comprehensive identity restoration services in association with the ZakiPay Max Plan and any higher-tier plans as further outlined in Schedule A below. ZakiPay does not have an ownership stake in CreditWatch.

Authorized Approver.

These Terms of Use establish the legal relationship between ZakiPay and the Main Account Holder and each Sub-Cardholder. The Main Account Holder has the discretion at any time to delegate specific responsibilities and duties to a designated individual (hereinafter, an “Authorized Approver”), who is typically a spouse, partner, or close family member of the Main Account Holder. Unless specified otherwise in these Terms of Use, all rights, privileges, and authorities of the Main Account Holder under the Terms of Use are equally applicable to the Authorized Approver, with notable exceptions: (1) the Authorized Approver cannot close the Main Account Holder’s account; (2) the Authorized Approver cannot revoke the Main Account Holder’s access or control over the Reloadable Account; (3) the Authorized Approver cannot initiate or terminate a Sub-Account; and (4) the Authorized Approver cannot authorize any Investment transactions, but can approve fund transfers to or from the Investment Account.

By designating an Authorized Approver, you, as the Main Account Holder: (1) affirm that the Authorized Approver is of legal age (18 or older, or older if residing in a jurisdiction where the majority age is beyond 18); and (2) agree to take full responsibility for the Authorized Approver’s engagement with the ZakiPay Services, including any financial charges and legal liability incurred by the Authorized Approver in your or your ZakiPay Account’s name due to their use of the ZakiPay Services. You, as the Main Account Holder, can revoke the Authorized Approver’s authority anytime through the Application.

Cardholder Agreement and ZakiPay Privacy Statement.

The Cardholder Agreement and the ZakiPay Privacy Statement (“Privacy Statement”) are incorporated by reference into these Terms of Use. If you do not consent to these Terms of Use, you should not register for or engage with any of the ZakiPay Services. Your use of the ZakiPay Services implies your acceptance of these Terms of Use. We may alter or update these Terms of Use at any time by posting the changes on the Website and the Application. It is your duty to periodically review these Terms of Use for any changes. Your continued use of the ZakiPay Services after the effective date of any modifications signifies your acceptance of such changes. If you disagree with any changes, you should promptly cease using the ZakiPay Services and your ZakiPay Account.

The ZakiPay Services aim to assist you in managing the spending activities of Sub-Cardholders and offering other products and services related to family financial management. The ZakiPay Services are not designed to provide legal, tax, or financial advice (apart from the registered investment advisor services provided by ZakiPay Advisors as detailed in Schedule A). We reserve the right to modify, adjust, add to, discontinue, or retire the ZakiPay Services and/or any feature or aspect of the ZakiPay Services at any time, including specific services offered within a Card Plan (as defined in Schedule A). We will inform you of changes to the ZakiPay Services or any specific Card Plan by posting updates on the Website and the Application. If you are dissatisfied with any alterations to the ZakiPay Services or the features included in your specific Card Plan, you have the right to modify your Card Plan or terminate your ZakiPay Account at any time, effective at the end of your monthly billing period, as outlined under the section “Card Plans and Features” in Schedule A. Changes to your Card Plan are subject to any limitations set forth in the Card Plan as further detailed in Schedule A.

Representations and Warranties by Main Account Holder and Authorized Approver

By using the ZakiPay Services, the Main Account Holder asserts that (i) both the Main Account Holder and any Sub-Cardholders are natural persons; (ii) the Main Account Holder and Authorized Approver are at least 18 years of age (or older if residing in a state where the age of majority is above 18); and (iii) the use or access to the ZakiPay Services by the Main Account Holder, Authorized Approver, and/or any Sub-Cardholder does not contravene any applicable laws. The Main Account Holder affirms that all Sub-Cardholders, which may include minors, are eligible to use ZakiPay Services under these Terms of Use.

Upon signing up for a Main Account, you, the Main Account Holder, and Authorized Approver (if applicable), warrant that you have supplied us with your valid Social Security Number (or last 4 digits in some cases) and that any other identification information submitted by you to verify your identity is also accurate, correct, and complete. In addition, you, the Main Account Holder, and Authorized Approver (if applicable), authorize your wireless carrier to reveal information about your account and your wireless devices (including any Sub-Cardholder), if available, to ZakiPay and its service providers during this Agreement’s term, solely to aid in identifying you or your wireless device(s) and to prevent fraud. Refer to the ZakiPay Privacy Statement for details on how we use your data.

By registering a Sub-Cardholder for a Sub-Account, you, the Main Account Holder, affirm and warrant that any identifying information, like the name and birth date, submitted by you, the Main Account Holder, regarding the Sub-Cardholder’s identity is also accurate, correct, and complete. We may limit, suspend, or terminate your access to the ZakiPay Services, your ZakiPay Account, your Reloadable Account, any Card Plan, and/or the Application if instructed by the card issuer or a Federal or State regulator overseeing the card issuer, if we have reasonable grounds to suspect you have engaged in fraud, money laundering, or other illegal activities, or if you have violated these Terms of Use.

Minors as Sub-Cardholders.

We may permit you, the Main Account Holder, to include your minor child as a Sub-Cardholder with a corresponding Sub-Account linked to your Main Account, provided you are their parent or legal guardian. By requesting ZakiPay Services, you consent to us making inquiries, directly or through third parties, which may include asking you to provide documentation to us, as we deem necessary or desirable to validate the information you provide. Such inquiries may involve engaging third parties for services like age, identity, and relationship verification. If we cannot verify the information you provide, we may (i) refuse to establish the requested Sub-Account; (ii) close an existing Sub-Account; (iii) close an existing Main Account; and/or (iv) terminate your ZakiPay Services. We reserve the right to request such information at the time of enrollment or any time thereafter during your tenure as a Main Account Holder. You acknowledge that these Terms of Use will apply to any Sub-Cardholder, and you hereby expressly accept these Terms of Use on behalf of any Sub-Cardholder you choose to link to your Main Account. You further agree to and accept full responsibility for any of your Sub-Cardholder’s use of the ZakiPay Services, including all financial charges and legal liability that a Sub-Cardholder may incur on behalf of your ZakiPay Account and Reloadable Account.

Conduct.

As a condition of your use of ZakiPay Services, your Reloadable Account, the Website, and/or the Application, you warrant that you will not use the ZakiPay Services, your Reloadable Account, the Website, and/or the Application for any purpose that is unlawful or prohibited by these Terms of Use. You understand, agree, and acknowledge that you may not, and warrant that you will not, (i) intentionally interfere with, alter, or damage the operation of the ZakiPay Services, your Reloadable Account, the Website, the Application, or any user’s enjoyment of either the ZakiPay Services, their Reloadable Accounts, the Website, or the Application by any means; (ii) attempt to gain unauthorized access to the ZakiPay Services, your Reloadable Account, the Website, the Application, or any part of either the ZakiPay Services, your Reloadable Account, the Website, or the Application, or other accounts, computer systems, or networks connected to the ZakiPay Services, your Reloadable Account, the Website, or the Application; or (iii) disable, circumvent, or otherwise interfere in any way with ZakiPay’s security-related features.

Authorization to Debit Funding Account or Transfer from Investment Account.

Each Main Account Holder and Authorized Approver may load funds to your Main Account, termed “value loading”, at any time, subject to any restrictions in these Terms of Use or your Cardholder Agreement with Premier Federal Savings Bank. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” Your Main Account may be loaded via (i) a debit card transaction from your Funding Account; (ii) an Automated Clearing House (“ACH”) debit transaction from your Funding Account; (iii) PayPal transactions using ACH or debit card as the underlying funding source when authorized by ZakiPay for an Application User based on proprietary risk parameters; (iv) Venmo transactions using ACH or debit card as the underlying funding source when authorized by ZakiPay for an Application User based on proprietary risk parameters; (v) a direct deposit of wages from an employer authorized by either you or a Sub-Cardholder; or (vi) a transfer from your “Investment Account” held at WealthDrive. A “Funding Account” is the Main Account Holder’s or an Authorized Approver’s account at a third-party financial institution used (a) to add funds to the Main Account as described in (i) and (ii) of the preceding sentence; or (b) to pay any amounts owed to First National Bank of Omaha “FNBO”), as card issuer, under the Family Cash Card Program in the manner described in the FCC Terms & Conditions.

The Main Account Holder or an Authorized Approver (each, an “ACH Authorizer”) may load funds to the Main Account by authorizing ZakiPay, through the Application, to initiate a debit card transaction, an ACH transaction, a PayPal transaction (if permitted for the Application User), or a Venmo transaction (if permitted for the Application User), from any Funding Account for a specified amount either on a one-time or a recurring basis. In addition, the Main Account Holder and the Authorized Approver (if any) may load funds to the Main Account by authorizing ZakiPay Advisors, through the Application, to direct the transfer of funds from the Main Account Holder’s Investment Account to the Main Account Holder’s Reloadable Account. Such authorization shall be provided by the Main Account Holder, or an Authorized Approver, as applicable, to ZakiPay via the Application. BY CONNECTING A FUNDING ACCOUNT TO THE MAIN ACCOUNT, THE OWNER OF SUCH FUNDING ACCOUNT AUTHORIZES ANY PARTY WITH ACCESS TO THE MAIN ACCOUNT TO INITIATE LOADS FROM THAT FUNDING ACCOUNT. The Main Account Holder shall remain liable for any value loading to the Main Account, and any funds transfers from the Investment Account to the Reloadable Account, that is authorized by an Authorized Approver, regardless of whether such Authorized Approver may exceed the scope of his/her authority given by the Main Account Holder. In no event shall ZakiPay, ZakiPay Advisors, or PFSB be held liable for processing any value load or transfer from the Investment Account to the Reloadable Account requested and authorized by the Main Account Holder, an Authorized Approver, or any other third party accessing the Application or Website with the Main Account Holder’s log-in access credentials.

Loading by Debit Card.

The Main Account Holder or an Authorized Approver may load the Main Account by debit card. The minimum debit load amounts, if any, are described in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and may be updated from time to time.

Loading by ACH or Paying Family Cash Card Statements from Your Linked Funding Account.

The Main Account Holder or an Authorized Approver may load the Main Account by ACH from their linked Funding Account (as defined below). The minimum ACH load amounts, if any, are described in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and may be updated from time to time. In addition, Main Cardmembers may settle any outstanding balances on their Family Cash Card from their linked Funding Account (as defined below).

Loading Your Main Account Using PayPal or Venmo Transactions

The Main Account Holder or an Authorized Approver may load their Main Account using PayPal or Venmo transactions if permitted for such Application User. The minimum and maximum PayPal and Venmo transaction limits, if any, are detailed in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application, and such limits may be updated from time to time.

ACH Debit Authorization

When processing a load transaction or scheduling a Family Cash Card payment, the Main Account Holder, Authorized Approver, or Main Cardmember (each, individually, an “ACH Authorizer” under this ACH Debit Authorization) authorizes ZakiPay and any other financial institution we partner with (each, a “Partner Bank”) to initiate a single (one-time) debit entry (each, a “Single Entry”), recurring debit entries, such as a recurring monthly load to a Main Account or a recurring monthly payment for a Family Cash Card account, in each case for the same amount on the same date each month (each, a “Recurring Entry”), and subsequent debit entries (under a standing authorization) (each, a “Standing Authorization”), in each case by using the Application to direct the date and amount of the entry to the selected Funding Account(s) (and, if necessary, electronically credit the Funding Accounts to correct any erroneous debits) for the amounts requested from time to time by the ACH Authorizer for purposes of funding the Reloadable Account, or paying amounts owed to FNBO under the Family Cash Card account, by using the ACH electronic funds transfer network. In the case of a Recurring Entry for a load amount from a Funding Account to the Main Account that repeats on regular intervals, the ACH Authorizer will specify the Funding Account(s), the amount to be loaded, and the frequency (e.g., weekly or monthly) through the Application. In the case of a Recurring Entry from a Funding Account to make Family Cash Card payments to FNBO that repeats on regular intervals, the ACH Authorizer will specify the Funding Account(s), the amount to be paid to FNBO, the routing transit number (RTN) and account number for the payment, and the frequency (e.g., weekly or monthly) through the Application.

Furthermore, the ACH Authorizer provides ZakiPay and the relevant Partner Bank with a Single-Entry Authorization to debit the Funding Account(s) for the amount of any unpaid Monthly Fees if such amounts are not available in the Main Account. In the case of a standing authorization for funding transactions (other than auto-funding transactions), the ACH Authorizer will need to use the Application to designate the specific Funding Account (if more than one is enrolled), and the amount of any subsequent debit entry(ies). In the case of a Standing Authorization for an auto-funding transaction such as a monthly recurring load to a Main Account or a load to a Main Account to fund a shortfall in an auto-funded allowance or an auto-funded Investment Account transaction, or a minimum monthly payment for any outstanding balances under the Family Cash Card, the Funding Account will be designated in advance by the ACH Authorizer through the Application and the amount of each subsequent debit entry(ies) will be determined by the Application as the amount necessary to complete the auto-funding event (e.g., monthly load amount determined in advance by ACH Authorizer or allowance shortfall calculated by the Application).

The ACH Authorizer authorizes ZakiPay and the Partner Bank to continue to debit the Funding Account(s) for requested Reloadable Account loads and requested Family Cash Card payments until this authorization is revoked, which can be done, in many cases, by changing the applicable setting on the Application, or, in all cases, by calling 1-888-ZAKIPAY. The ACH Authorizer understands that it may take ZakiPay up to three (3) business days to process such a revocation. The ACH Authorizer acknowledges that debits to the Funding Account(s) under this authorization must comply with U.S. laws.

If there is no longer a Funding Account linked to your ZakiPay Services, any unprocessed loads or payments will be canceled.

You certify that any account you add as the Funding Account is an account from which you are authorized to make payments, and any payment you make using the ZakiPay Services will debit an account that you are legally authorized to use. Adding a bank transaction account to the Application to use as your Funding Account does not change any agreements that are in place with the financial institution offering that bank transaction account. Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions that might limit your ability to use that account as your Funding Account for the ZakiPay Services.

Additional terms apply to debit authorizations related to Main Account Holders and Authorized Approvers Funding Accounts (as defined below).

Loading by Direct Deposit.

Any Sub-Cardholder may load their account by direct deposit of wages or salary paid by an employer of such party. A Sub-Cardholder’s direct deposit will be attributed to their Sub-Account. The maximum aggregate amount of payroll direct deposits to all Sub-Accounts per month is set forth on the “Load Limits” chart located in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and the amount may be updated from time to time.

In order to receive direct deposit value loads, the Sub-Cardholder must provide their employer with the account number and routing number of the Sub-Account. You can obtain the account number and routing number for your Sub-Account by accessing such information from the Main Account Holder’s profile settings page within the Application for the applicable Sub-Cardholder, or you can contact support@zakipay.com or call us at 1-888-ZAKIPAY to obtain this information for the applicable Sub-Account. You may be asked for certain identifying details regarding the Sub-Account including the Sub-Cardholder’s full legal name and social security number, the employer’s legal name and employer tax identification number (EIN), and the phone number for the Main Account Holder or Authorized Approver who is approving the direct deposit value load for the Sub-Cardholder.

By authorizing a Sub-Cardholder to load their Sub-Account by direct deposit, you, the Main Account Holder or Authorized Approver, are authorizing the employer to deposit funds directly into the Sub-Account. The direct deposit agreement between you and/or the Sub-Cardholder, on one hand, and the employer, on the other hand, may include additional terms and conditions outside the scope of these Terms of Use or the Cardholder Agreement, and you authorize the Sub-Cardholder to accept those additional terms and conditions, which shall govern in the event of any inconsistency between such direct deposit agreement, on the one hand, and any provision of these Terms of Use or the Cardholder Agreement, on the other. ZakiPay reserves the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or Social Security number) that we have on file for the Sub-Cardholder/payee.

Limitations on aggregate load amounts are set forth on the “Load Limits” chart located in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application, and associated fees, if any, can be found on the Fee Schedule in your Cardholder Agreement. Personal checks, cashier’s checks, and money orders sent to Premier Federal Savings Bank or ZakiPay are not acceptable forms of loading. You can obtain information on how to load your Main Account within the Application. You will have access to initial and subsequent fund loads in accordance with the Premier Federal Savings Bank funds availability policy unless ZakiPay, in its sole discretion, makes funds available sooner for value loads made via ACH. The Main Account Holder (and Authorized Approver, if any) are encouraged to use the Application to confirm when fund loads are available.

In addition to the above, in the event that the balance of your Reloadable Account is insufficient to cover any amount owed, whether such amount is owed to Premier Federal Savings Bank or ZakiPay, you authorize ZakiPay and Premier Federal Savings Bank to debit your Funding Account for such amount owed. In such an event, ZakiPay will send the Main Account Holder an electronic notification, which will state the amount to be debited. The Main Account Holder may revoke such authorization at any time by terminating enrollment in the ZakiPay Services.

The continuation of the terms and conditions, including but not limited to the Pay Link Functionality, Promotional Programs, Intellectual Property Rights, Privacy, Electronic Communication, Limitation of Liability, Dispute Resolution; Class Action Waiver, Fees, Indemnification, Notices, Term and Termination, will be addressed in subsequent updates to these Terms of Use.

Pay Link Functionality.

The Pay Link functionality offers a straightforward method for friends, family, and third parties (other than Main Account Holders and Authorized Approvers) to (i) send gifts or cover payments or reimbursements to a Sub-Cardholder for personal, family, or household purposes (each, a “Consumer Payment”); and (ii) compensate a Sub-Account for the purchase or lease of goods or services from the Sub-Cardholder (each, a “Purchase Transaction”). If the Main Account Holder enables the Pay Link sharing button in the Sub-Cardholder’s profile settings page, then the Main Account Holder or a Sub-Cardholder can employ the ZakiPay Services to generate a unique link to a payment acceptance page (each, a “Pay Link”) to share with friends, family, and third parties to facilitate direct payments to the Sub-Cardholder.

When initiating a Pay Link transaction, the payer (the “Sender”) will be prompted to confirm whether the payment is for an item or service from the Sub-Cardholder (a Purchase Transaction). If the Sender indicates a Purchase Transaction, they are asserting to us that the Pay Link transaction is for a Purchase Transaction. If the Sender does not select this option, they are affirming to us that the Pay Link transaction is for a Consumer Payment. We track the total amount of Purchase Transactions for each Sub-Cardholder, and, if necessary, either ZakiPay or Premier Federal Savings Bank will undertake all required tax filings, including, without limitation, Form 1099-K filings with the IRS in the name of the Main Account Holder if the aggregate amount of Purchase Transactions for all Sub-Cardholders tied to the same Main Account Holder exceeds $600, or any future limit established by the IRS.

Pay link transactions are subject to specific minimum and maximum transaction limits, which are subject to change, as well as certain other terms, conditions, and limitations, which are elaborated in the Pay Link Terms of Use, available at www.zakipay.com/pay-link/terms. The Pay Link Terms of Use are incorporated into these Terms of Use by reference.

PLEASE REVIEW THE PAY LINK TERMS OF USE CAREFULLY BEFORE USING THE PAY LINK FUNCTIONALITY.

Promotional Programs.

ZakiPay may occasionally offer loyalty, reward, or promotional programs (“Promotional Programs”) to ZakiPay customers, including but not limited to “Referral Programs,” “Advocate Programs,” and “Sweepstakes Programs.” If you participate in any of the Promotional Programs, the following additional terms apply.

ZakiPay reserves the right to permit, limit, suspend, or terminate your participation in any Promotional Program at its discretion. If you engage in a Promotional Program, you agree to do so in compliance with these Terms of Use, any additional terms related to the specific promotion, and in a manner consistent with all applicable local, state, national, and international laws and regulations. In your communications regarding the ZakiPay Services, including with Referred Customers (as defined below), you may not imply or state directly or indirectly that you are an employee, intermediary, or agent of ZakiPay, or are in any way authorized to legally represent ZakiPay. You understand and agree that you will only contact individuals who have given their consent to be contacted. You agree to participate in the Promotional Programs respectfully, including refraining from spamming or engaging in otherwise unsolicited advertising or promotion of the ZakiPay Services. You may not post referral information, including any referral code or link provided to you by ZakiPay, on any event, coupon, discount, or related site or page. You also agree to participate in the Promotional Programs, and communicate with others about the ZakiPay Services, truthfully.

1. Referral Programs.

ZakiPay may offer a Referral Program to specific Application Users. The terms and conditions of any particular Referral Program will be available on the Website or the Application and will supplement these Terms of Use. A “Referral Program” is an opportunity for you, the Application User, to advocate and refer the ZakiPay Services to potential customers (“Referred Customers”) with the hope that the Referred Customers will start using the ZakiPay Services themselves. An individual referred by you becomes a Referred Customer only if they (i) have not previously entered into an agreement with ZakiPay to receive ZakiPay Services; and (ii) have not been previously referred or introduced to ZakiPay by another ZakiPay customer.

Upon ZakiPay’s acceptance of the Referred Customer, you and/or the Referred Customer may be eligible to receive a reward or benefit from ZakiPay (a “Referral Reward”). Unless the specific terms and conditions of the Referral Program state otherwise, a Referred Customer shall only be deemed accepted once the Referred Customer (i) receives ZakiPay Services through a ZakiPay Account, as either a Main Account Holder or Sub-Cardholder, for a period of not less than thirty (30) calendar days; and (ii) the Main Account Holder on the ZakiPay Account has paid their first monthly account service fee.

However, ZakiPay may refuse to accept any Referred Customer at its sole discretion. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of ZakiPay. The specific Referral Rewards in effect at any given time will be those posted and described within the Website or Application when the potential customer becomes a Referred Customer. ZakiPay reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by ZakiPay. You shall use the Referral Program strictly in accordance with these Terms of Use and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any use other than the promotional purpose for which it was intended.

You agree that you will properly disclose your relationship with ZakiPay in all communications with Referred Customers regarding the ZakiPay Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the ZakiPay Services may not directly or indirectly state or imply that you are a ZakiPay employee, intermediary, or agent, or that you are otherwise a legal representative of ZakiPay.

1. Advocate Programs.

ZakiPay may offer an Advocate Program to certain Application Users. An “Advocate Program” is an opportunity for certain users to engage directly with ZakiPay and other ZakiPay users, complete certain challenges designed by ZakiPay, and earn rewards or benefits.

Invitations to join the Advocate Program are extended to fans of ZakiPay Services, by ZakiPay, from time to time. ZakiPay users may also request to join the Advocate Program. If you join the Advocate Program, you will receive special communications from ZakiPay through the Website, Application, email, or social media channels which may include: (i) requests to complete challenges, which upon completion may result in an award of certain benefits; (ii) requests to provide input on existing or new ZakiPay services and features; and (iii) access to the online ZakiPay advocate community, where ZakiPay users can share their experiences with ZakiPay. Your participation in the Advocate Program does not guarantee the receipt of any associated benefits. Benefits associated with the Advocate Program are subject to change at any time and are provided at the sole discretion of ZakiPay, which may terminate the Advocate Program, or any aspect thereof, at any time with or without notice. You shall use the Advocate Program strictly in accordance with these Terms of Use and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Advocate Program for any use other than the promotional and informational purposes for which it was intended.

1. Sweepstakes Programs.

ZakiPay may offer “Sweepstakes” to Application Users occasionally to promote or encourage the use of the ZakiPay Services generally or specific product features. Examples include a customer referral Sweepstakes, a customer survey Sweepstakes, and a savings goal Sweepstakes. To enter a ZakiPay Sweepstakes, you will typically be asked to participate in a promotional activity, or you may enter using a “no purchase necessary” alternative method of entry, such as mailing your name and contact details on a postcard that includes the name of the Sweepstakes in the address line. All Sweepstakes prizes will be awarded by random drawing from among the eligible entrants. The odds of winning will vary by Sweepstakes but will be outlined in each individual Sweepstakes’s rules. Furthermore, you will be required to complete and submit a signed Affidavit and Release to claim a prize if you are selected as a Sweepstakes winner. In addition, all federal, state, and local tax liabilities and any applicable fees associated with accepting a prize or participation in the Sweepstakes are the sole responsibility of the winner.

Intellectual Property Rights.

By submitting any information to ZakiPay through your access to and use of the ZakiPay Services (each, a “Submission”), you are licensing that Submission to ZakiPay solely for the purpose of providing the ZakiPay Services, and you represent that you are entitled to do so for this purpose. Furthermore, if you respond to any surveys or interviews about the ZakiPay Services or provide feedback about any ZakiPay prototype products and services (collectively, “Feedback”), then you agree that ZakiPay, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the ZakiPay Services. You hereby grant ZakiPay and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Submission and the Feedback in any manner for any purpose, whether in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We retain all rights, titles, and interests (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our ZakiPay Services, the Website, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our ZakiPay Services, the Website, and the Application.

Privacy.

PLEASE REVIEW THE PRIVACY STATEMENT CAREFULLY. You agree that we may use your Personal Information in accordance with our Privacy Statement, which is incorporated by reference into these Terms of Use. You expressly authorize ZakiPay, its agents, and its employees to obtain various information about you (or about any Sub-Cardholder that you have enrolled) as we deem reasonably necessary or desirable in the course of delivering the ZakiPay Services. A Sub-Cardholder’s personal information, including but not limited to established spending parameters, pending transactions, approved purchases, and transaction history will be shared with the Main Account Holder and Authorized Approver. A Sub-Cardholder may only prevent this sharing by closing his/her Sub-Account.

Moreover, by using the ZakiPay Services, the Website, and/or the Application, you acknowledge and agree that perfect security does not exist, internet transmissions may not be secure, and that a third party may intercept information that you provide to or receive from the Website and/or the Application, despite our efforts to protect any such transmissions. You further agree you will protect your Personal Information, as that term is used in the ZakiPay Privacy Statement, in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information. You also agree that you will, upon request from us, immediately remove from your computer or mobile device any software that we notify you poses a security risk. You are responsible for maintaining the confidentiality of any password associated with your use of the ZakiPay Services, as well as any activity within the ZakiPay Services using your password(s).

The continuation of the terms and conditions, including Electronic Communication, Limitation of Liability, Dispute Resolution; Class Action Waiver, Fees, Indemnification, Notices, Term and Termination, and other relevant sections, will be addressed in subsequent updates to these Terms of Use.

Electronic Communication.

1. Your Consent to Receive E-Communications.

By initiating your ZakiPay Account and accepting these Terms of Use, you consent to receiving electronic communications, including any disclosure, notice, agreement, statement, fee schedule, service explanation, inquiry responses, or any other communication regarding any account, product, or service provided to you, including Promotional Programs, directly or indirectly, by ZakiPay and/or Premier Federal Savings Bank (collectively, “E-Communications”).

1. Email Addresses/Mobile Devices.

You agree that we may send E-Communications to you via email, via text message to a designated mobile device, or by posting them to the Website or delivering them to you via the Application. E-Communications sent via email will be delivered to the email address registered to your ZakiPay Account. If an E-Communication sent via email is returned as undeliverable, we may use any other email address we have for you or deliver the E-Communication to you via the Application. You must notify us of any change in your email address or mobile device number by emailing support@zakipay.com. Unless otherwise required by law, you agree that any E-Communication will be deemed received by you when sent by any means set forth above.

1. Withdrawal of Consent.

You may withdraw your consent to receive E-Communications by contacting ZakiPay at support@zakipay.com. Withdrawing your consent to E-Communications will result in the immediate closure of your ZakiPay Account and cessation of all related ZakiPay Services.

1. Printed Copies.

You may contact support@zakipay.com to request a paper copy of any electronic communication provided electronically. Paper copies of electronic communications cost $4.99 per Account, which will be deducted from your current ZakiPay balance. ZakiPay may, at its discretion, close your ZakiPay Account and cease all related ZakiPay Services in the event of routine or multiple requests for paper copies of E-Communications.

1. System Requirements.

To properly access and retain your E-Communications, you must have (i) a personal computer (with monitor) or mobile device capable of accessing the Internet, displaying visual content, and sending and receiving emails; (ii) access to a printer capable of printing copies of emails, Website or Application content for your records (if you desire paper records); (iii) sufficient computer or mobile device hard drive, or cloud-based storage capability, capable of storing data, if you wish to store E-Communications; (iv) an Internet browser that supports 128-bit encryption; and (vi) a software program that accurately displays PDF files. For E-Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required, a free copy of which may be obtained from the Adobe website at www.adobe.com. If any of the above system requirements change, and we believe that such change may create a material risk that you will be unable to access E-Communications, ZakiPay will notify you of the new hardware/software requirements.

1. Telephone and Text Communications.

By initiating your ZakiPay Account and accepting these Terms of Use, you agree that we may call or send text messages to you regarding your ZakiPay Account using any contact information related to your Account, including any telephone number (i) you have provided to us; (ii) from which you have called us; or (iii) which we obtained and at which we reasonably believe we can reach you. You agree we may call or text any of these telephone numbers using an automatic telephone dialing system or an artificial or prerecorded voice. You agree to promptly notify us if you change any telephone number contact you provide to us.

Limitation of Liability.

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF ZAKIPAY TO YOU.

To the extent permitted by applicable law, ZakiPay (including our directors, officers, employees, and agents), our affiliates, subsidiaries, and service providers will not be liable to you under any theory of liability, for any claims arising from or related to: delays or mistakes resulting from circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, or riots; loss of profits, data, goodwill, or any other intangible losses; the failure of merchants to honor the Reloadable Card or the Family Cash Card, or to perform or provide services; communication system failures or any failures or malfunctions attributable to your equipment, including your mobile phone or other device, any internet service, any mobile phone network or any other communication network, or any payment system. Without limiting the foregoing provisions, in the event that we are held liable for damages to you in a competent legal proceeding, you will only be entitled to recover your actual damages. In no event shall you be entitled to recover any indirect, incidental, special, consequential, extraordinary, exemplary, punitive, or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. This provision shall not be effective to the extent otherwise required by law. To the extent permitted by law, you agree that your recovery for any alleged negligence or misconduct by ZakiPay shall be limited to the total amount loaded on the Reloadable Account.

NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL THESE TERMS OF USE CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS THAT YOU MAY HAVE UNDER FEDERAL OR STATE SECURITIES LAWS TO PURSUE A DIFFERENT REMEDY IF AND TO THE EXTENT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED.

Dispute Resolution; Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

Applicability of this Dispute Resolution Policy.

These Terms of Use are governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and ZakiPay agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this “Dispute Resolution; Class Action Waiver” Section. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and ZakiPay that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, your Account, your relationship with us, and all matters relating to or arising from these Terms of Use, ZakiPay’s Privacy Statement, or any other agreement between you and ZakiPay, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms of Use. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

Informal Negotiation Period.

ZakiPay’s customer support department is available at [number] or support@zakipay.com to address any concerns you may have regarding the Services or your Account. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and ZakiPay agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute.

If ZakiPay has a Dispute with you, it will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with ZakiPay, you must notify us in writing at the following email address: support@zakipay.com, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, your cell phone number, and your residential mailing address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell ZakiPay what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or ZakiPay later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and ZakiPay agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and ZakiPay authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms of Use and the notice of Dispute (if any) that you or ZakiPay provided before commencing arbitration.

Binding Arbitration.

If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or ZakiPay may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules in effect when the notice of Dispute is delivered to the other party (the “AAA Rules”), which Rules are available at www.adr.org/consumer, as modified by these Terms of Use. If, for any reason, AAA is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA Rules.

If the amount of a Dispute does not exceed $25,000, then the Dispute may be resolved by the arbitrator through the submission of documents only (also known as a “desk arbitration”) without in-person or telephonic hearings. However, any party may still request a hearing, and an arbitrator might also determine that a hearing is necessary. Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the parties will work together to select a location for the arbitration hearing that will be mutually convenient for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to mutually agree upon the location for the arbitration hearing, then the arbitrator shall select the location in accordance with the AAA Rules.

The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and ZakiPay, and any award of the arbitrator may be entered in any court of competent jurisdiction.

The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.

If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and ZakiPay agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.

Class and Collective Action Waiver.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND ZAKIPAY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.

If any provision in this Dispute Resolution/Class Action Waiver Section of these Terms of Use is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution/Class Action Waiver Section of these Terms of Use remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Dispute Resolution Section of these Terms of Use (but only the Dispute Resolution/Class Action Waiver Section) shall be null and void.

Exceptions to Informal Negotiations and Arbitration.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms of Use. Such claims are subject to the “Choice of Law; Venue for Non-Arbitral Disputes” clause below.

Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.

30-Day Right to Opt-Out of Agreement to Arbitrate.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions in this “Dispute Resolution/Class Action Waiver” section of these Terms of Use by notifying ZakiPay in writing within 30 days of the date you first accept these Terms of Use. Your notice must be sent to ZakiPay’s address provided in these Terms of Use, and must include your name, address, ZakiPay Account number, and a clear statement that you do not wish to resolve disputes with ZakiPay through arbitration.

Arbitration Fees and Expenses.

Under the AAA Rules in effect on the effective date of these Terms of Use, if ZakiPay is the claimant initiating a “Demand for Arbitration” (as defined in the AAA Rules), then ZakiPay shall be responsible for paying all of the administrative fees of the arbitration, including the non-refundable initial filing fees, the case management fees, the hearing fees, and the arbitrator fees charged by the AAA. However, if you decide to initiate a Demand for Arbitration against ZakiPay, then you will be required to pay your portion of the non-refundable initial filing fees, but ZakiPay will be required to pay the remainder of the administrative fees of the arbitration, including the remainder of the initial filing fees, the case management fees, the hearing fees, and the arbitrator fees charged by the AAA. Please note that the AAA Rules, including the fee amounts and the allocation of the fees between the parties, are subject to change by the AAA at any time.

Except as described above for AAA administrative fees, each party shall be responsible and liable for its own fees and expenses in connection with any arbitration (or court proceeding to enforce an arbitral judgment) including, without limitation, its own attorney’s fees and expenses and the costs of required travel and any other expenses in connection with the arbitration proceeding. The expenses of witnesses for either side shall be paid by the party producing such witness.

Choice of Law; Venue for Non-Arbitrable Disputes.

Except as otherwise provided herein, your use of the ZakiPay Services under these Terms of Use is governed by the laws of the State of Delaware, excluding its conflict of laws provisions, and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.

For any claims not subject to binding individual arbitration, and which cannot be brought in small claims court as set forth above, you and ZakiPay agree to submit to the exclusive jurisdiction of the state and federal courts in Delaware, and you and ZakiPay consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible).

Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in these Terms of Use.

Fees.

Premier Federal Savings Bank and ZakiPay may charge you a service fee for your Reloadable Account and your access to the ZakiPay Services. Your wireless carrier may charge fees for your data usage in connection with your use of ZakiPay Services. The service fees for your Reloadable Account and your access to the ZakiPay Services are unrelated to any other fees that may be charged to you by a third party arising from your use of ZakiPay Services. International Reloadable Card and Family Cash Card transactions, as applicable, will be subject to the currency conversion rates of the card network operator (Mastercard), as such may be in effect and applied by Mastercard at the time of the Reloadable Card transaction. Additional information about the fees for using the ZakiPay Services is available in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application.

Indemnification.

You agree to defend, indemnify, and hold harmless ZakiPay, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or regulation, or the rights of any third party.

Notices.

Except as expressly set forth to the contrary herein, all notices given by you under this Agreement shall be in writing and addressed to:

ZakiPay Financial Technology, Inc.

[Address]

Attn: Customer Service

Except as expressly set forth to the contrary herein, all notices given by ZakiPay under this Agreement shall be given to you through written notice, email, or posting on the Website or Application.

Term and Termination.

You understand and agree that ZakiPay has the absolute right to terminate these Terms of Use, in ZakiPay’s sole discretion, for any reason, at any time. You will be notified in the event that ZakiPay exercises this termination right within five (5) business days of such decision, but the termination will be effective immediately, regardless of whether you have read or received such notification. Unless terminated by you, your enrollment in the ZakiPay Services shall automatically continue indefinitely.

You, the Application User, may terminate these Terms of Use at any time by calling ZakiPay Customer Service at 1-888-ZAKIPAY and closing your ZakiPay Account. A Main Account Holder may close the Main Account and/or any linked Sub-Account at any time according to the above procedures; if the Main Account is closed, any linked Sub-Account(s) will also be closed. An Authorized Approver cannot close the Main Account or any linked Sub-Account(s).

A termination of these Terms of Use, whether by you or ZakiPay, will also result in the cancellation of your Cardholder Agreement and your Reloadable Account.

Your right to use and access the ZakiPay Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms of Use, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.

These Terms of Use are solely and exclusively between you and ZakiPay and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of ZakiPay, is a party to these Terms of Use, and (ii) no third party, including any third-party partner or service provider of ZakiPay, has any obligations or duties to you under these Terms of Use.

Any waiver of our rights under these Terms of Use must be in writing, signed by ZakiPay, and any such waiver shall not operate as a waiver of any future breach of these Terms of Use. Our failure to exercise any rights or enforce any of these Terms of Use is not a waiver of such right or term.

In the event any portion of these Terms of Use is found to be illegal or unenforceable, such portion shall be severed from these Terms of Use to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms of Use shall otherwise remain in full force and effect to the fullest extent permitted by law.

You warrant to ZakiPay, as a condition to your use of ZakiPay Services, the Website, and/or the Application, that your use of the ZakiPay Services, the Website, and/or the Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the ZakiPay Services, the Website, and the Application for lawful purposes.

These Terms of Use, together with all documents incorporated into these Terms of Use by reference, including the documents linked below, constitute the entire agreement between you and ZakiPay with respect to the subject matter hereof and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Use.

You are only entitled to use and access the ZakiPay Services, the Website, and the Application for lawful purposes. These Terms of Use, and all documents incorporated into these Terms of Use by reference including the documents linked below, constitute the entire agreement between you and ZakiPay with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Use.