TERMS AND CONDITIONS
Your Privacy Rights
Scope and Consent
Collection of Personal Information
We collect the following types of personal information in order to provide you with the use of Zodaka Services, and to help us personalize and improve your experience.
Information We Collect Automatically
When you use Zodaka Services, we collect information sent to us by your computer, mobile phone or other access device. The information sent to us includes, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information.
Information You Provide To Us
We may collect and store any information you provide us when you use Zodaka Services, including when you add information on a web form, add or update your account information, participate in community discussions, chats, or dispute resolutions, or when you otherwise correspond with us regarding Zodaka Services.
If you open a Zodaka account or use Zodaka Services, we may collect the following types of information:
Contact information, such as your name, address, phone, email and other similar information.
Financial information, such as the full bank account numbers that you link to your Zodaka account..
We may also collect information from or about you from other sources, such as through your contact with us, including our customer support team, your results when you respond to a survey, your interactions with members of the Zodaka corporate family or other companies (subject to their privacy policies and applicable law), and from other accounts we have reason to believe you control (whether in part or in whole). Additionally, for quality and training purposes or for its own protection, Zodaka may monitor or record its telephone conversations with you or anyone acting on your behalf. By communicating with Zodaka, you acknowledge that your communication may be overheard, monitored, or recorded without further notice or warning.
Your Security Obligations
We cannot guarantee the security of our users' applications. We reserve the right to terminate a user without notice if we suspect that they are at risk of a security breach. While we cannot ensure that our users follow all the necessary security protocols, we strongly recommend that you adhere to the following minimum security protocols:
Use of PCI compliant servers
Use of HTTPS for all API requests (non-HTTPS requests are currently disabled)
Do not store end-user credentials or other sensitive personally identifiable information
Encryption of your client ID and secret in all storage and communication
It is your responsibility to maintain the security of your account information. You must notify us immediately of any breach of security or unauthorized use of your Account. You may never publish, distribute or share your Account Information.
Authentication and Fraud Detection
In order to help protect you from fraud and misuse of your personal information, we may collect information about you and your interactions with Zodaka Services. We may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.
Using Your Mobile Device
When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.
Information From Other Sources
We may also obtain information about you from third parties such as credit bureaus and identity verification services.
How We Use the Financial Information We Collect
Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information to:
provide Zodaka Services and customer support;
process transactions and send notices about your transactions;
verify your identity, including during account creation and password reset processes;
resolve disputes, collect fees, and troubleshoot problems;
manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
detect, prevent or remediate violations of policies or applicable user agreements;
improve the Zodaka Services by customizing your user experience;
measure the performance of the Zodaka Services and improve their content and layout;
manage and protect our information technology infrastructure;
provide targeted marketing and advertising, provide service update notices, and deliver promotional offers based on your communication preferences;
contact you at any telephone number, by placing a voice call or through text (SMS) or email messaging, as authorized by our User Agreement;
perform creditworthiness and solvency checks, compare information for accuracy and verify it with third parties.
We may contact you via electronic means or postal mail to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, or as otherwise necessary to service your account. Additionally, we may contact you to offer coupons, discounts and promotions, and inform you about Zodaka Services and the services of our corporate family. Finally, we may contact you as necessary to enforce our policies, applicable law, or any agreement we may have with you. To reach you as efficiently as possible, we may contact you via phone, and may use autodialed or prerecorded calls and text messages as described in our User Agreement. Where applicable and permitted by law, you may decline to receive certain communications.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your personal information with information we collect from other companies and use it to improve and personalize Zodaka Services, content, and advertising.
How We Protect and Store Personal Information
We protect your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls.
State of California
ZODAKA END USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement between you and Zodaka, the author of Zodaka software, including all HTML files, XML files, Java files, graphics files, animation files, data files, technology, development tools, scripts and programs, both in object code and source code (the “Software”), as well as the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation (“Documentation”).
By installing, copying, or otherwise using the Software, you agree to be bound by the terms and conditions set forth in this EULA. If you do not agree to the terms and conditions set forth in this EULA, then you may not download, install, or use the Software. The Software is licensed, not sold.
1. Grant of License.
A) Scope of License. Subject to the terms of this EULA, Zodaka hereby grants to you a royalty-free, non-exclusive license to use the Software. You do not need to pay a license fee for the use of the Software.
B) Use. You may use the Software solely to do business with an entity that has a contractual relationship with Zodaka, under which that entity is licensed to use the Software and is a member of the Zodaka Network (“Network Member”). You are prohibited from using the Software in any way or for any purpose other than in a manner approved by a Network Member.
2. Description of Rights and Limitations.
A) Limitations. You may not, directly or through other parties, reverse engineer, decompile, or disassemble the Software.
B) Update and Maintenance. Zodaka shall provide updates and maintenance on the Software from time to time as, in Zodaka’s opinion, such updates and maintenance are needed.
3. Feedback and Data.
You may, and are encouraged to, provide to Zodaka suggestions, comments, and feedback regarding the Software, including but not limited to performance, usability, bug reports and test results, with respect to the Software (collectively, "Feedback"). Additionally, Zodaka will collect data from you (“Data”), and you consent to this Data collection.
You hereby grant to Zodaka the worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights to: (i) make, use, copy, modify, distribute, sub-license, and create derivative works of, the Feedback and/or the Data, as part of any Zodaka product, technology, service, specification or other Documentation (individually and collectively, "Zodaka Products"); and (ii) publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell or sell, rent, lease, or lend copies of the Feedback and Data derivatives as part of any Zodaka Product or marketing or sales effort. Further, you confirm that your Feedback and Data are not subject to any license terms that would require Zodaka to comply with any additional obligations with respect to any Zodaka Products that incorporate any Feedback or Data or derivatives of Feedback or Data.
Data that includes names, addresses, telephone numbers, and email addresses will not be furnished or sold to any third party company that is not a Network Member.
Bank login information (credentials) will only be used to authenticate your bank account and will not be seen, stored, kept, or held by Zodaka. By logging into your bank account, Zodaka will have the ability to query and with your authorization extract funds from your bank account at the time of a purchase by you. These funds will be deposited into your chosen merchant’s bank account upon completion of a purchase. When making a purchase using the Software, you acknowledge that you are purchasing and redeeming a stored-value instrument that will only be redeemable at a Zodaka-approved stored-value provider. You acknowledge that you are not paying for product(s) directly.
4. Title to Software. Zodaka represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that your use of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
5. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights, and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Zodaka. The Software is protected by all applicable copyright laws and international treaties. You agree you will not remove or alter any copyright notices on the Software and Documentation.
6. Support. For any problems contact your stored value provider.
7. Duration. This EULA is effective for twelve (12) months or until (a) it is automatically terminated or suspended if you fail to comply with any of the terms and conditions set forth in this EULA, or (b) it is terminated or suspended by Zodaka, with or without cause. The EULA will automatically be extended from year to year unless terminated. In the event this EULA is terminated, you agree that you will stop using the Software and will destroy all copies of the Software
8. Governing Law and Arbitration. This Agreement shall be governed by, and interpreted and construed in accordance with, the laws of the State of California, conflicts of law excluded. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (including the Optional Rules for Emergency Measures of Protection). The arbitration hearing shall take place in Oakland, California, before a single arbitrator. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees.
9. Non-Transferable.This EULA is not assignable or transferable by you, and any attempt to do so is void.
10. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
11.WARRANTY DISCLAIMER. ZODAKA, THE AUTHOR OF THE SOFTWARE,
HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE
SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACCEPT
ANY AND ALL RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE
12. LIMITATION OF LIABILITY. ZODAKA SHALL NOT BE LIABLE TO YOU, OR
ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, ANY LOSS OF
PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN
CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL
APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
UNDER NO CIRCUMSTANCES SHALL ZODAKA’S AGGREGATE LIABILITY TO YOU,
OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU, EXCEED THE
FINANCIAL AMOUNT ACTUALLY PAID BY YOU TO ZODAKA FOR USE OF THE
SOFTWARE IN THE MOST RECENT CALENDAR YEAR.
13. Non-Sufficient Funds in Your Account. You agree to hold Zodaka harmless in the event you have licensed the Software and there are not sufficient funds in your bank account prior to the attempted transfer of those funds into a merchant’s account. Zodaka shall have the right to pursue your unmet payment obligation by one or more of the following methods:
(a) Notify you by letter, text, or email of the “Non-Sufficient Funds” ;
(b) Zodaka will charge you a non-sufficient funds fee of twenty five dollars (US$25).
Your Zodaka account will be temporarily blocked from use until the funds are received at merchant’s account. We will transfer your unpaid obligation to a collection agency, and your credit report may be adversely affected for non-payment.
14. Entire Agreement. This EULA constitutes the entire agreement between you and Zodaka, and supersedes all prior understandings of you and Zodaka, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
For additional information regarding this EULA, please contact: