Legal Center
Welcome to the Zenkipay legal center. Here you will find information about how we handle our users’ privacy, the Zenkipay service conditions, and the user’s commitment when using the Zenkipay platform.
Legal Documents
Privacy Policy
PRIVACY POLICY EFFECTIVE FROM 01 MAY 2023
Scope and Consent
This Privacy Notice (“Notice”) describes the ways Zenkipay (“Zenkipay,” “we,” “us,” “our”) collects, stores, uses, and protects information. Zenkipay services include merchant processing services and other services, websites, products, and any other features, technologies, or functionalities, including customer support, Zenkipay Trade Assurance Center (ZTAC), (“other services”) offered by us. This notice applies to https://zenkipay.io and all other Zenkipay sites on which it appears (the “Sites”).
Our privacy practices may vary among the countries or territories where we operate to reflect local rules and legal requirements.
We may process information from the following users:
- Visitors to our Sites;
- Merchants who sign up for our Services (“Merchants” means any business or persons that uses our Services to process payments.
- Shoppers of Merchants (“Shoppers” represents individuals who indirectly interface with Zenkipay when paying at the merchant checkout page or when requesting a refund from a Merchant when creating a Zenkipay account;
- Payees (e.g., employees, contractors, vendors, or exchange customers) who request a payment (“Payout”) via cryptocurrency from a Merchant and create a Zenkipay account.
What kind of information do we collect?
We collect different kinds of information when users interact with us. The information we collect depends on the type of user. We collect the data you choose to provide to us when interacting with all our Services. We may also collect information automatically from your devices. The following sections provide you with some more information.
1. Visitors of Our Sites
We may collect the following information relating to visitors to our Sites:
● Technical information, including IP address; the type of browser, devices, and operating systems you use; identifiers associated with the device(s) you use to access our Sites; the pages you visit and the features you use; access dates and times; and if you navigated from or navigate to another website, the address of that website; and information regarding your internet service provider
● Email address (e.g., when you subscribe to our blog or opt-in to receive other marketing materials)
● Phone number (e.g., when you contact our sales team or media team or opt into our media list)
● Full name (e.g., when you submit a support request)
● Country
We may also collect information about a visitor’s computer or other access devices for purposes including fraud prevention. The information we collect may be collected automatically using cookies or other similar technologies. For more information about our use of cookies, please see our Cookie Policy.
2. Merchants (including business accounts and personal accounts)
During our digital onboarding process, we may collect the following information of the beneficial owner or any user that is added to an account of a Merchant. The elements we collect depend on our compliance analysis, type of account, and risk profile.
● Full name of the beneficial owner
● Full names of authorized users
● Merchant email address (business domain preferred but non-business domain accepted)
● Certificate Of Incorporation
● Bylaws
● Power of attorney designating the person(s) that control the entity
● Smartphone number
● The ID of the beneficial owner and authorized user(s)
● Biometric recognition to validate the ID Card
● Domain name
● Tax ID (if applicable in a specific country)
● Proof of business
● Proof of address, if not evident in the above documents.
We may use this information for risk management purposes (i.e., to verify Merchant’s identity or address) or comply with laws and regulations, including those applicable to financial services institutions. We may also obtain information about our Merchants from third-party identity verification and fraud prevention services, such as Veriff and relevant Aggregators.
3. Shoppers of Merchants
We may collect information when a Shopper indirectly interfaces with Zenkipay to pay at a Merchant’s checkout page or request a refund on the ZTAC.
When you pay at any merchant that has Zenkipay technology-enabled, we collect:
● Technical information including IP addresses used to view the Zenkipay checkout widget; the type of browser, devices, and operating systems you use; identifiers associated with the device(s) you use to access our sites; the pages you visit, and the features you use; access dates and times; and if you navigated from or navigate to another website, the address of that website; and information regarding your internet service provider
● Products purchased and the price at the relevant Merchant
● Email address
● Crypto wallet address
When you request a refund, we collect:
● Amount
● Currency
● Email address
● Crypto wallet address
● Zenkipay transaction ID
We may collect this information either from the Merchant or directly from the Shopper. Collecting this information supports our ability to provide our Services. This enables our system to send an email to Shoppers directly to obtain a cryptocurrency refund address in case of a payment exception (e.g., overpayments, underpayments, disputes, clarifications, etc.). This also creates a seamless payment experience for the Merchant and the Shopper.
4. Additional Collection
Zenkipay may collect additional information in connection with its efforts to combat fraud and illegal activity or comply with laws and regulations. Additionally, Zenkipay may collect information regarding the effectiveness of our email and other communications. For example, we may know if you follow a link in any email we send to you. We may also obtain information about you from other third parties. This information may include your use of this Site or all of our Services. We may also collect information about former, existing, and prospective vendors and customers (“Partners”). This includes limited personal information about employees and agents of such Partners (“Partner Employees”) at the beginning and throughout the course of the Partner relationships, such as professional contact information.
How we use cookies?
We may collect information about your activities on our sites via first and third-party cookies, clear GIFs, web beacons, or other identifiers or technologies, including similar technologies as they evolve. We refer to these technologies collectively as cookies.
We may allow third parties to use cookies on our sites. The information collected by cookies may be shared with and used by us, others acting on our behalf, or third parties subject to their privacy policies. Information collected by cookies may be used on this site or on other websites or services, including those that we may not operate. In addition, other parties may collect personally identifiable information about an individual consumer’s online activities over time and across different websites when a consumer uses our websites or online services.
Why we collect personal information?
We use the information we collect to operate our business, provide our Services for other purposes as permitted or required by law and provide you with a smooth, efficient, and customized experience. Specifically, we may use your information to
● Provide our Services (including customer support);
● Process transactions and send notices about your transactions;
● Resolve disputes, clarifications, refunds, collect fees, and troubleshoot problems;
● Communicate with you about our Services and business and inform you of matters necessary for your account and use of the Sites. We also use your data to respond to any questions, comments, or requests you file with us and the handling of any complaints;
● Comply with applicable laws and regulations;
● Establish, exercise, and defend legal claims;
● Monitor and report compliance issues;
● Customize, measure, and improve our business, the Services, and the content and layout of our website and applications (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing, and advertising; analyzing and enhancing our products, services, and websites; ensuring the security of our networks and information systems; performing accounting, auditing, invoicing, reconciliation and collection activities; and improving and maintaining the quality of our customer services);
● Perform data analysis;
● Deliver targeted marketing, service update notices, and promotional offers based on your communication preferences, and measure their effectiveness. To approach you via email for marketing purposes, we request your consent unless it is not required by law. You always have the option to unsubscribe from our mailings, e.g., via the unsubscribe link in our newsletter;
● Perform risk management, including comparing information for accuracy and verifying it with third parties and protect against, identify, and prevent fraud and other prohibited or illegal activity, claims, and other liabilities; and
● Enforce our contractual terms.
● Enforce the mandates and requirements of the authority when required.
How we protect and store personal information
We take the security of our information seriously. We use administrative, technical, and physical security designed to safeguard personal information in our possession, and we maintain internal policies and procedures to address our data security. We cannot guarantee the security of the information we collect and store. We will notify relevant authorities and users in case of a data breach if required under applicable law.
We retain data as required or permitted by law, and we may include identification for five years or more after an account has been closed or become dormant.
How we share data with third parties
We may disclose the information we gather with our affiliates and third parties. For example, we may share information with:
● Other Zenkipay services, including to help detect and prevent potentially illegal acts and violations of our policies and to guide decisions about our products, services, and communications;
● Service providers who help with our business operations and deliver our Services, such as cloud service providers providing cloud infrastructure; providers of ID verification solutions and other due diligence solutions; providers of customer service solutions; providers of website analytics; and providers of marketing automation platforms;
● Law enforcement, government officials, regulatory agencies, our banks, and other third parties under a subpoena, court order, or different legal process or requirement if applicable to Zenkipay; or when we believe, in our sole discretion, that the disclosure of the information is necessary to report suspected illegal or fraudulent activity or to investigate violations of our Terms of Use; and
● We may also share certain Shopper information with our Merchants, for example, in cases of suspected fraud or connection with an ongoing investigation.
Please note that these third parties may be in other countries where the laws on processing information may be less stringent than in your country. Transfer of EU data may be subject to additional legal protections we have put in place.
Your choices
You can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. You may control how your browser accepts cookies. For more information, please consult your browser’s help documentation. You may also manage your cookie preferences using our Cookie Preference Center. For more information about our use of cookies, please see our Cookie Policy.
As of the last updated date of this Notice, there is no commonly accepted response for Do Not Track signals initiated by browsers. Therefore, we do not respond to such signals or other mechanisms that provide the ability to exercise choice regarding collecting personally identifiable information regarding your online activities over time and across third-party websites or online services.
If you do not wish to receive marketing communications from us, you can click the “unsubscribe” link usually found at the bottom of the e-mail or send an email to [email protected]. However, you may still receive other communications from us as permitted or required by law.
Changes to this Notice
We may amend this Notice at any time by posting a revised version on our website. The revised version will be effective at the time we post it. You are responsible for periodically reviewing this Notice.
Contact Information
You may contact us with questions or concerns about our privacy policies or practices at [email protected]
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Zenkipay General Terms and Conditions
ZENKIPAY GENERAL TERMS AND CONDITIONS EFFECTIVE FROM 01 MAY 2023.
1. Introduction
These Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained herein on this webpage shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website”) and the Zenkipay account. These Terms apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all Terms and Conditions contained herein in full. You must not use this Website if you have any objection to these Terms and Conditions. In addition, this Website is not for use by any minors (defined as those not at least 18 years of age), and you must not use this Website if you are a minor.
2. Zenkipay account
3. Intellectual Property Rights
Other than the content you own, which you may have opted to include on this Website, under these Terms, Zenkipay and its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website and the Zenki Account
4. Restrictions
You are expressly and emphatically restricted from all of the following:
- Selling, sublicensing, and/or otherwise commercializing any Website material;
- Using this Website in any way that is, or maybe, damaging to this Website;
- Using this Website in any way that impacts user access to this Website;
- Using this Website contrary to applicable laws and regulations or in a way that causes;
- May cause harm to the Website or any person or business entity;
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity concerning this Website, or while using this Website;
Certain areas of this Website are restricted from access by you, and Zenkipay may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this Website are confidential, and you must maintain the confidentiality of such information.
5. Your Content
In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. Concerning your content, by displaying it, you grant Zenkipay a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in all media.
Your content must be your own and must not be infringing on any third party’s rights. Zenkipay reserves the right to remove any of your content from this Website at any time, and for any reason, without notice.
6. No warranties
This Website is provided “as is,” with all faults, and Zenkipay makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
7. Limitation of Liability
In no event shall Zenkipay, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and Zenkipay, including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
8. Indemnification
You, at this moment, fully indemnify Zenkipay from and against any liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
9. Consent to communication
You grant your explicit consent to Zenkipay use of your mobile phone number and email to provide any information and send any messages and notifications regarding our contractual relations. See our privacy policy to understand how we treat your data.
10. Severability
Suppose any provision of these Terms is unenforceable or invalid under applicable law. In that case, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.
11. Variation of Terms
Zenkipay is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review them regularly to ensure you understand all Terms and Conditions governing the use of this Website.
12. Assignment.
Zenkipay shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
13. Entire Agreement
These Terms, including any legal notices and disclaimers on this Website, constitute the entire agreement between Zenkipay and you about your use of this Website and supersede all prior agreements and understandings concerning the same.
14. Governing Law & Jurisdiction
These Terms will be governed by and construed by the laws of the Website Owner’s jurisdiction. You submit to the non-exclusive jurisdiction of the Website Owner for resolving any disputes.
Zenkipay Terms of Use
ZENKIPAY TERMS OF USE EFFECTIVE FROM 01 MAY 2023
General
These Zenkipay Terms of Use (the “Terms”) govern the use of the products, services, or any other features, technologies, or functionalities related to merchant payment acceptance services (the “Acceptance Services”) provided by Zenkipay (“Zenkipay”, “we,” “our,” or “us”) through Zenkipay websites, widgets, modal windows, API, or any integration method or through any other means to you (“Merchant,” “you” or “your”). By using the Acceptance Services, you accept these Terms and agree to be bound by them; confirm that you have read, understood, and got all the provisions contained herein, including, without limitation, Section 18.7, Governing Law; Arbitration; Waiver of Class Action.
1. Our Services
Zenkipay is a blockchain/cryptocurrency payment processor that enables you to accept cryptocurrencies as a payment method in exchange for goods or services you sell to your customers (“Shoppers”).
Zenkipay receives cryptocurrencies exclusively. Zenkipay does not accept any official currency from any country to transact between merchants and customers.
Zenkipay is not a cryptocurrency to currency exchange (FIAT) and vice versa, but provides custody of cryptocurrencies and in certain countries we have partnerships with currency conversion providers (FIAT) as part of the Acceptance Services. Acceptance Services are only available to individuals or companies selling products or services.
To protect the Shoppers, Zenkipay has an advanced escrow contract per transaction between you (the Merchant) and the Shopper.
The platform releases the cryptocurrency to your Zenkipay wallet Account in two scenarios:
When you sell goods:
- The product has been delivered to your Shopper (Zenkipay will track the courier + tracking number)
- The Shopper doesn’t have a complaint about the product(s) in the following 24 (twenty-four hours) thru our ZTAC (Zenkipay Trade Assurance Center) service.
Both conditions must be complete or done to release the cryptocurrency.
When you sell services:
- Proof that the service has been delivered to your Shopper (Coupon, Voucher, Ticket, Email confirmation with RSVP, etc.)
- The Shopper doesn’t have a complaint about the service(s) in the following 24 (twenty-four hours) thru our ZTAC (Zenkipay Trade Assurance Center) service.
Both conditions must be complete or done to release the cryptocurrency.
You (The merchant) can configure under which mode you want to operate your sales (CRIPTO MODE or FIAT MODE)
CRYPTO MODE:
In this mode, you can configure the cryptocurrencies you wish to receive for your sales and the desired behavior for that specific cryptocurrency:
1) Leave the cryptocurrency “as is”.
2) Convert the cryptocurrency as soon as possible to stable currency. (Not all cryptocurrencies can be automatically converted to stable currency; the basic mode crypto interface already has all the cryptocurrencies that can be converted).
FIAT MODE (Only in certain Countries)
1) In this mode, basic cryptocurrencies that allow conversion to stable currency are subsequently converted to FIAT and then sent to your bank account. Certain fees apply (See section 10.2).
By using the Acceptance Services, you authorize Zenkipay to act as your agent, take all actions that we think are necessary or desirable to provide the Acceptance Services and comply with applicable laws and regulations. Payment by a Shopper to Zenkipay is considered the same as payment made directly to you and limits the Shopper’s outstanding obligations to the extent of the payment.
2. Contracting Entity and Regulatory Compliance
2.1 Contracting Entity
Your relationship under these Terms is with Zenki Argentina S.A.
2.2 Our Regulatory Compliance
Zenki Argentina S.A. is subject to International. laws and regulations. This includes the Bank Secrecy Act, the economic and trade sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, the USA PATRIOT Act, and another anti-money laundering (AML) and anti-terrorist financing (ATF) laws. In addition, as required by applicable laws and regulations, Zenki Argentina S.A. maintains a comprehensive AML/ATF/Sanctions compliance program.
You can NOT use our software and services if your country is banned by OFAC. Also you can NOT use our software and services if you are located in the UNITED STATES OF AMERICA
Also, certain services could not be available in your country. (Ex. Support to specific wallets or particular payment methods or additional services only available in certain countries or regions)
3. Representations and Warranties
You represent and warrant that:
- The individual accepting these terms on behalf of the Merchant is of the age of majority and has all necessary power, capacity, and authority to bind the Merchant hereto;
- You have all essential rights, power, control, and ability to enter and fulfill your obligations under these Terms and your use of the Acceptance Services;
- Your business entity is duly organized, validly exists, is in good standing under the laws of the state and country of its formation, and is duly qualified and in good standing in each jurisdiction in which the conduct of its business requires it to qualify so;
- Your use of the Acceptance Services will not contravene any applicable international, federal, state, or local laws or regulations, including tax laws and regulations;
- You ensure that your use of the Acceptance Services does and always will comply with all applicable anti-money laundering/anti-terrorist funding compliance laws and regulations, including, without limitation, all OFAC-administered sanctions programs and any other sanctions programs that may apply to you based on the jurisdiction(s) in which you operate your business and serve your customers;
- Your use of the Acceptance Services will violate neither these Terms nor any other applicable terms of use; and
- All information you have provided to us, and may from time to time provide to us, is and shall continue to be accurate and complete and shall be timely updated and corrected to maintain its status as accurate and complete.
4. Your account with Zenkipay ("Account")
4.1 Account opening and registration
We must collect certain information from Merchants to comply with anti-money laundering and anti-terrorist funding laws and regulations. Therefore, as part of establishing a Zenkipay Merchant Account, at a minimum, you will be asked to submit the following information thru our digital onboarding process to achieve a tier N1 initially.
Document or Procedure | Personal Account | Business Account |
---|---|---|
A national identification card or an alien’s identification card, whichever is applicable using also biometric checkup to verify that the provided ID card matches the person with legal representative rights. | ||
Check that your eCommerce has other payment methods already in place like PayPal or Stripe (Reliance on third parties) | ||
Verify your contact forms (email, smartphone) and enforce the use of 2FA | ||
Verify that your eCommerce domain name server has a TXT record in place provided by us to assure that you have control over the eCommerce domain | ||
On your eCommerce site, you need to have your own policies, terms and conditions, and privacy policies in place for onboarding your own clients to your eCommerce website | ||
You need to specify the nature of your expected transactions, and your field of industry | ||
Proof of current physical business address (not older than 90 days) | ||
The name of the entity, and where applicable its registered name and registration number | ||
Digital copy (PDF file) of the Certificate of Incorporation and Bylaws or equivalent in your country or jurisdiction | ||
f not stated on your Bylaws, a digital copy of Power of Attorney (PDF file) appointing the person(s) who oversees the entity (Legal representative) or person(s) who holds more than 25% of the company stock. |
The tier N2 account requires all the documents above plus 3 months of bank statements.
The tier N3 account requires N2 approval and a review with our Zenkipay Risk Management Team.
You may be asked to submit additional information and/or documents to enable us to verify your identity and assess business risk, such as compliance program documentation and, in some cases, information regarding your Shoppers.
The information you provide when opening the account must be accurate and complete. You must inform us within ten (10) business days of any changes to such information. Zenkipay has the right to reject your account registration, close your account later, or restrict the provision of the Acceptance Services to you if you do not provide and maintain accurate, complete, and sufficient information or the documentation is apocryphal, corrupt, or suspicious.
4.1 Account opening and registration
Zenkipay imposes daily and annual transaction processing volume limits per Account. If you wish to increase your limit, you will be required to apply for an upgrade from your Account dashboard (“Dashboard”) and provide us with the documentation necessary to qualify for that upgrade. Depending on the upgrade request, you may be required to provide additional information and documentation. Submissions will not be approved until all the necessary documentation has been reviewed and the accuracy and authenticity of the data have been confirmed. A description of the processing limits and the upgrade process is available here:
Tier | Daily Volume Limit | Yearly Volume Limit | Required Info & Documentation |
---|---|---|---|
N1 | 10.000 USD | 500.000 USD | N1 onboarding as described in section 4.1 |
N2 | 100 000 USD | 5 000 000 USD | N1 approval and three months of business bank statements or a letter of good standing from the bank (not older than 90 days) |
N3 | > 100 000 USD | > 5 000 000 USD | N2 approval and an enhanced review with Zenkipay Risk Management Team |
Zenkipay may modify transaction limits in case of suspicious or high-risk transaction behavior.
4.3 Shopper verification
Your buyers, in some cases, may be required to complete a verification process if specific transactions are suspicious at checkout, depending on the amount of the transaction, as part of our AML/ATF compliance obligations. The responsibility of your shopper KYC (Know Your Customer) IS ALWAYS YOUR RESPONSIBILITY, and we can request specific documentation of your shopper at any time.
4.4 Prohibited use and business
4.4.1 Prohibited use
In connection with your use of these Terms, and your interactions with other users and third parties, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive, and we reserve the right to modify it at any time. It is our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain as to whether or not your use of the Acceptance Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us.
● Unlawful Activity: Actions that violate, or would assist in the violation of, any law, statute, ordinance, or regulation, including applicable sanctions programs, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) and the Dutch Sanctions Act, or which would involve proceeds of any unlawful activity; an activity which would publish, distribute, or disseminate any illegal material or information.
● Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to our computer systems, networks or sites or our other customers’ accounts, computer systems or networks connected to us, through any other means; interfere with another individual’s or entity’s access to or use of the Acceptance Services; use information of another party to access or use our computer systems, networks or sites, except in the case of specific Merchants which are specifically authorized by a user to access such user’s account and information; transfer your account access or rights to your account to a third party, unless by operation of law or with the express written permission of Zenki; or harvest or otherwise collect information from our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.
● Abusive Actions Against Others: Actions which defame, abuse, extort, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as but not limited to, rights of privacy, publicity, and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.
● Fraud: Actions that operate to defraud us, our users, or any other person; provide any false, inaccurate, or misleading information to us.
● Intellectual property infringement: Transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of any Zenkipay intellectual property, name, or logo, including use of Zenkipay trade or service marks, without express consent from Zenkipay or in a manner that otherwise harms Zenkipay or any Zenkipay brand; any action that implies an untrue endorsement by or affiliation with Zenkipay.
Zenkipay is not responsible for the assumption that the trade carries them out despite knowing the prohibited uses. The prohibited use of the platform executed by a Merchant is the Merchant’s responsibility.
4.4.2 Prohibited business
In addition to the Prohibited Uses, the following categories of businesses, business practices, and items for sale are prohibited from the Acceptance Services. Most Prohibited Business categories are imposed by the requirements of our banking providers or regulators. This list is non-exhaustive, and we reserve the right to modify it at any time. It is our sole discretion to determine whether an activity falls into a Prohibited Business category. If you are uncertain whether your use of the Acceptance Services involves a Prohibited Business or have questions about how these requirements apply to you, please get in touch with us.
● Drugs and drug paraphernalia (e.g., narcotics, controlled substances, and any equipment designed for making or using drugs);
● Marijuana/cannabis dispensaries and related products and businesses;
● Weapons, munitions, gunpowder, and other explosives (including fireworks);
● Toxic, flammable, and radioactive materials;
● Pseudo-pharmaceuticals;
● Substances designed to mimic illegal drugs;
● Sexually explicit content;
● Sexually related services;
● Pyramid and investment schemes, multi-level marketing schemes, and other unfair, predatory, or deceptive practices;
● Items used for speculation or hedging purposes (such as derivatives);
● Credit and collection services;
● Items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents, including counterfeit or unauthorized goods; and
● Products and services with varying legal status in different jurisdictions;
● Transactions that disclose the personal information of third parties violate applicable law.
● Miracle products.
4.5 Restricted business
Suppose you engage in the following categories of businesses, business practices, and items for sale. In that case, you will only be allowed to transact as expressly authorized by us. You may be required to agree to additional conditions, make supplemental representations and warranties, complete enhanced onboarding procedures, and operate subject to restrictions. This list is non-exhaustive, and we reserve the right to modify it at any time. It is our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain whether your use of the Acceptance Services involves a Restricted Business or have questions about how these requirements apply to you, please get in touch with us.
● Charitable organizations;
● Religious/spiritual organizations;
● Money Services Business as defined by FinCEN of the United States Department of the Treasury;
● e-Wallets;
● Foreign and currency exchange services;
● Transactions associated with purchases of annuities or lottery contracts, lay-away systems, banking, offshore banking, transactions to finance, investing, investment-related products; and
● Transactions involving gambling or any activity requiring an entry fee and a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, and sweepstakes if you and your Shoppers are located exclusively in jurisdictions where such activities are permitted by law.
4.6 Guarding your credentials
You will choose a password when registering for your Account. You are responsible for maintaining the confidentiality of your password and account access credentials, including your 2FA. You are fully responsible for all activities using your password or account. Please notify us immediately if you become aware of any unauthorized use of your password or account or any other breach of your security that may compromise your password or account. You may not allow third parties or unauthorized users to use your account. We will not be liable for any loss you may incur because someone else uses your password or account, either with or without your knowledge. You may notify Zenkipay of a security breach regarding your password or account by emailing [email protected].
4.7 Records
4.7.1 Our obligations
Under applicable laws and regulations, Zenkipay must maintain records of all documentation and information related to your account for the duration that your account is active and after your account is closed.
4.7.2 Your obligations
Under applicable laws and regulations, you must maintain all records to fulfill orders for goods or services and provide post-sale support to your Shoppers. If the sale of an item requires a government registration, you are responsible for such registration.
4.7.3 Request for documentation and right to inspect records
Zenkipay or its auditors, an appropriate regulator, or other relevant competent authority may request to obtain and check sure of your business records with reasonable advance notice or immediately if required by law, a regulator, or other relevant authority. We reserve the right to suspend or terminate your account if you refuse such a request.
4.7.4 Information sharing
You, at this moment, authorize us to share information about you, your account, and account activity with law enforcement, regulators, and government agencies. We now allow you to share information about us and our Acceptance Services with law enforcement, regulators, and government agencies.
4.8 Account suspension and closure
4.8.1 Your right to close your account
You may close your account anytime. You will still be obligated to us for any fees incurred, if applicable, before the closure, and we will remit funds not yet paid to you and associated with pre-closure sales. Suppose your account balance exceeds our documented minimum transfer amount (no sufficient funds to cover miner or gas fees, see section 14). In that case, you may be responsible for any applicable transaction fees incurred in the fund’s transfer.
4.8.2 Our right to decline, suspend, or close your account
We reserve the right to decline to provide our Acceptance Services to you or immediately suspend or close your account, without notice, if we learn or reasonably suspect, in our sole discretion, that you will use or have used your account to engage in unlawful or improper activity in violation of applicable laws or regulations, these Terms, and/or our other applicable terms of use, including but not limited to a breach of Section 4.4, Prohibited Use and Business, or Section 4.5, Restricted Business. We always reserve the right to monitor, review, retain and/or disclose any information necessary to satisfy applicable law, regulation, sanctions programs, legal processes, or governmental requests.
Additionally, if your account does not have a paid transaction for more than twelve months, we reserve the right to suspend the account and automatically disable processing capabilities. You will receive information about the process of reactivating the account.
Zenkipay also reserves the right to terminate accounts that receive excessive Shopper complaints (see Section 12.1, Shopper Complaints).
4.8.3 Effect of account closure
Suppose your account is closed for any reason. In that case, you agree: (a) to continue to be bound by surviving portions of these Terms, (b) to stop using the Acceptance Services immediately, and (c) that the license provided under these Terms shall end, (d) to remove from your website, apps and marketing materials and will discontinue using any Zenkipay service marks, logos or another branding, (e) that we will retain certain information and account data as required under applicable laws and regulations, and (f) that we shall not be liable to you or any third party for termination of access to the Acceptance Services, closure of an account, or retention of information or account data.
5. Your Use of Third-Party Services
In using the Zenkipay Website or the Acceptance Services, you may be using other additional services that we use to enhance our services (E.g., Biometric Identification), and you are solely responsible for reviewing, understanding, and complying with the associated terms and conditions. We expressly disclaim any liability for third-party services and are not responsible for the performance of third-party services or services. Still, we will make our best reasonable efforts that such services are working correctly, or we can change those providers for other providers that offer the same functionality at our discretion.
6. Security and wallet security
6.1 Security
We have implemented security measures designed to protect information from accidental loss and unauthorized access, use, alteration, or disclosure. Our security measures include risk assessments and controls for the following: application and system access, system and application development and maintenance, acceptable use, data classification, incident response, disaster recovery, business continuity, and security training. We cannot guarantee that unauthorized persons will never access your information. You acknowledge that you provide your information at your own risk, except as provided by applicable law. Suppose we reasonably suspect or become aware of a breach of our security measures that may have impacted you, your Account, or your information. In that case, we will provide you with the notice within 72 hours of gaining such suspicion or becoming aware of such a breach. Such notice will be provided to your email address included in your Merchant profile.
6.2 Digital wallet security
Shoppers sending cryptocurrency payments and Merchants receiving settlements in cryptocurrency need to have a digital wallet. A digital wallet is a piece of software enabling a user to store encrypted private keys used to sign transactions to access funds. A custodial digital wallet constitutes an account where third parties serve as financial intermediaries or custodians of a user’s cryptocurrencies. A custodial wallet provider stores the user’s private keys and thus has control over the user’s funds. A non-custodial digital wallet does not constitute an account where third parties serve as financial intermediaries or custodians of a user’s cryptocurrencies. A non-custodial wallet provider administers only the technical platform to store a user’s private keys but has no control over or access to the private keys and, therefore, no control over or access to the user’s funds.
Shoppers and Merchants may use any cryptocurrency wallet to store their funds, including the Zenkipay Merchant Wallets. We automatically create Zenkipay Wallets for all the cryptocurrencies you plan to accept. The wallet owner is solely responsible for safekeeping passwords; 2FA is used to access Zenkipay Wallets and maintain security protocols and updates.
Zenkipay is not responsible for, and cannot assist with recovery of, a loss of cryptocurrency funds incurred by a Merchant if a Zenkipay Wallet is compromised, for example, due to loss of or unauthorized access, accidental sharing of a backup, sharing credentials including 2FA to anyone
7. Privacy and Data Protection
Consult our privacy policy where all these terms are available in detail and how the information collected is treated.
8. Ownership and Use of Services and Intellectual Property
8.1 Our Ownership of the Services and Zenkipay Website
You agree and acknowledge that we own all rights, title, and interest in the Acceptance Services, the associated software, technology tools, and content, the Zenkipay services marks and logos, the Zenkipay website, the content displayed on the website, and other materials produced by Zenkipay (collectively, “Zenkipay IP”). You are only permitted to use the Acceptance Services and Zenkipay IP to offer the Acceptance Services to your shoppers, according to these Terms. We grant you a personal, limited, revocable, non-exclusive, and non-transferable license to use Zenkipay IP. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare Zenkipay IP or any portion thereof, or use Zenkipay IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access, or distribution. You shall not prepare any derivative work based on Zenkipay IP, nor shall you translate, reverse engineer, decompile or disassemble Zenkipay IP.
8.2 Use of Zenkipay Marks
While you have an active account with Zenkipay or any Zenkipay Services, you may use those Zenkipay Marks made available to you through our Brand Guidelines and are strictly subject to your use, which is consistent with the Brand Guidelines. All goodwill arising from your use of the Zenkipay Marks will ensure our sole and exclusive benefit. We reserve the right to update the Zenkipay Brand Guidelines from time to time. You are responsible for maintaining compliance with the then-current version, provided that you have up to sixty days following an update to make any necessary changes. We will make commercially reasonable efforts to provide notice of any changes to the Brand Guidelines. The Brand Guidelines are available via our website at https://zenkipay.io/brand. Without waiving any rights that may be available to us, if we determine that you are using any Zenkipay Marks inconsistent with the Brand Guidelines or in a manner that we reasonably choose is objectionable, we will provide you with notice. You agree to discontinue the offensive use promptly. Failure to stop improper uses or repeated violations of the Brand Guidelines will be deemed a breach of this Agreement.
9. Advertising and Marketing
With your prior written approval, we may publish your corporate name, URL, artwork, text, logo, case studies, and other publicly available information about your business (“Content”) in Zenki’s promotional materials, marketing channels, and business directory. A third party may use Zenkipay publicly available Content and tailor the data to create entries for guides or other channels. The data listed on third-party directories or media will be subject to separate third-party terms of use. We may also request a testimonial or quote in the form of a blog post, promotional material, press release, interview, and/or a reference. You have no obligation to provide Content, a testimonial, quote, or contact. You and Zenkipay may engage in a separate marketing campaign upon mutual agreement.
You represent and warrant to us that you have the right to provide the Content to us and that the use, copying, modification, and publication of the Content by us: (a) will not infringe, violate, or misappropriate any third-party copyright, patent, trade secret or other proprietary rights, (b) will not infringe any rights of publicity or privacy, and (c) will not be defamatory or otherwise violate any law.
10. QR codes or Deep Links via our Zenkipay modal window
10.1 QR and competitive exchange rate guarantee for your shopper
To accept a cryptocurrency payment, you need to create a payment request (“QR code” or Deep link for mobile wallets) based on the amount you want to collect in your currency, such as U.S. Dollars or Euros so that we can calculate the cryptocurrency amount for the selected coin. The Zenkipay user interface must be displayed to the shopper during checkout. (Our modal window)
When Zenkipay processes payments, we use Zenkipay Best Bid (“ZBB”) rate. We guarantee the exchange rate for the shopper as long as the shopper pays within the proper time window after the QR or deep link is created. Time Out information is displayed on each Zenkipay payment.
We guarantee the exchange rate for the Shopper as long as the shopper pays within such a time window. Furthermore, if you opt to auto-convert the Shopper cryptocurrency to a stable coin (E.g., USDC), we guarantee that you will receive the exact stablecoins minus our fees (if any, see section 10.2). Still, we do not guarantee the future value of the U.S. Dollar (or any other fiat currency) relative to any benchmark. Similarly, if you elect to receive some or all of your settlement in Cryptocurrency, we do not guarantee the future value of that Cryptocurrency relative to any benchmark.
10.2 Zenkipay fees
Zenkipay has two modes: CRYPTO MODE and FIAT MODE.
In either mode you can offer a discount (Also known as “Share the crypto love) to offer a discount to your buyers. This discount goes directly to your buyer to incentivize the use of cryptocurrencies. We will NOT charge any additional fees for you (Merchant) in crypto mode.
When you as a merchant have “Share the Crypto Love” enabled:
If you enable this feature, you are offering a configurable percentage (%) discount (from 0.0% to 5.0%) that goes DIRECTLY to your Buyer (Calculated by Zenkipay automatically at checkout, no need to pass the value to us).
Example:
Suppose the Buyer pays $100 in BTC (including the discount you are offering the Buyer). In that case, we will send you $100 in stable currency or in native cryptocurrencies paid by the Buyer based on the desired behavior for that cryptocurrency once the QR code or deep link transaction is fully completed (see section 10.3)
CRYPTO MODE
Zenkipay will not charge you any crypto mode transaction fees or commissions for a limited time!
You still need to pay miner fees or gas fees if you wish to withdraw the balance to an external Zenkipay wallet (see section 14 for costs)
FIAT MODE (Only for certain countries)
We only charge 1.5% (one point five percent) if you, as a merchant, wish to receive current currency directly into your bank account, plus the cost of the transfer fee. This option is only available in selected countries. For this service we use third party services with their Money Transmitter License in each supported country.
10.3 QR code or deep link transaction completion
A QR transaction is considered “complete” by us if:
a) The Shopper has fully paid it; the corresponding transaction has reached our required number of block confirmations on the proper blockchain for that Cryptocurrency.
b) The escrow contract has been fulfilled, meaning:
- The product(s) or service(s) has been delivered to the Shopper. We track more than 1.060 couriers internationally for physical products, including FedEx, DHL, UPS, etc. It is your sole responsibility to upload as soon as possible to the Zenkipay platform by any supported method that we provide the “tracking pair(s) for each product on that sale. A tracking pair is the courier’s name or code and tracking number. All tracking pair(s) need to be on a delivered stage for every sale. A sale can have one or several tracking pairs, depending on the shipment conditions. You must provide all the tracking pairs for every product sale. If you deliver service(s), you must provide proof of the services (Coupon, Voucher, Ticket, Email Confirmation with RSVP, etc.)
- The Shopper has 24 (twenty-four) hours after the tracking pair(s) or proof of services are in the delivered stage to initiate a claim. A claim should be undertaken by the Shopper only if something is wrong with the product(s) or service(s) delivered. (Broken, incomplete, not the ordered product, lousy quality, invalid licensee, invalid reservation, etc.) using our ZTAC (Zenkipay Trade Assurance Center) (see section 10.4)
- If the Shopper doesn’t initiate a claim on the ZTAC platform during the first 24 (twenty-four) hours, the transaction is in a “complete stage.” Therefore, the exact amount for that transaction minus our Zenkipay fees (See section 10.2) will be moved from your escrow balance to your available balance, meaning that the payment has been credited to your Zenkipay Account ledger and proper Wallet in the desired cryptocurrency behavior for that Cryptocurrency.
10.4 Zenkipay Trade Assurance Center (ZTAC) and refunds
Zenkipay Trade Assurance Center (ZTAC) is a tool we provide for you (The Merchant) and your Shopper to review and comment on all the claims. It is a mechanism where the Shopper can upload photos of your received products, make comments or file a complaint. It is a resolution center where both parties must agree to the following rules for solving differences and complaints between the parts, and Zenkipay will act as an arbitrage in situations where:
Merchant:
● Has failed to deliver the product(s) or service(s) which comply with the product(s) or service(s) description and specifications
● In case the physical products delivered have visible shipping damages.
For a claim to go through, the Shopper:
● Must open a claim at ZTAC within a time window (usually twenty-four hours) after receiving the product(s) or service(s).
● Needs to specify the reason for the claim.
● In the case of physical products, Shoppers must upload photos or videos if the product(s) are damaged or have quality issues. Photos and videos must include the box(es) where the product(s) were shipped, and also the tracking number(s) must be visible.
● In the case of service(s), it must upload all the support materials (PDFs) and why the service was not fulfilled.
In case of product damage or quality defects: The Merchant agrees to send at his own cost another shipment with the products that are damaged or with quality defects and to provide new tracking pair(s) to be monitored once again. It is also highly recommended that Merchants buy shipping insurance to avoid these situations.
Merchant agrees that after Zenkipay receives a valid complaint from the Shopper, Zenkipay shall have the right to determine the liability in connection with the dispute based upon the relevant evidence at its sole discretion. If Zenkipay specifies that the Merchant has committed a breach, the Merchant authorizes Zenkipay to the following two scenarios:
1.- In case of a failed delivery or the Merchant never delivered the product(s) or service(s), the Merchant authorizes Zenkipay and/or its affiliates or any trusted third party, on behalf of the Merchant, to refund to the Shopper in the same cryptocurrency behavior that the payment was made. (E.g., If Merchant opted for immediate conversion to stable coin, we would reimburse the Shopper with stable coin in the amount settled on the day and time of the transaction, or if the Merchant opted to keep the balance in the same Cryptocurrency that the payment was made, we would reimburse the Shopper with the same amount of Cryptocurrency that he paid)
- In these cases, the gas fees or miner fees incurred in the reimbursement will be at the Merchant’s cost. (See section 14) Gas or miner fees will be taken from the Zenkipay merchant balance (In escrow or available balance). If it is insufficient to cover the gas fees or miner fees for the reimbursement, the Merchant agrees to repay the discrepancy to Zenkipay and/or its affiliates by these rules.
- The Merchant accepts and agrees that it shall repay Zenkipay or its affiliates for any gas fees or miner fees in case there is not enough balance (In escrow balance or available balance) to cover them within 15 days from the date of the reimbursement.
2.- The Merchant needs to provide tracking pair(s) for the product(s) delivered or, in the case of services, proof of service(s) shown in the next 10 (ten) days after the product(s) or service(s) have been purchased, failing in doing that, an automatic claim will be opened. You need to specify the reason for the delay, and it is up to the Shopper, a reimbursement can proceed for not providing tracking information or proof of delivered service(s) during the time window. Suppose you and the Shopper agree that extra time is needed for the product(s) to be delivered (for example is a matter of production, the items are unique, etc.). In that case, both parties must agree on that extra time, or it should be clearly stated on your checkout page before the purchase, and you need to provide to Zenkipay how many days you will have the tracking pair(s) in place.
Merchant agrees that Zenkipay, at his discretion, may suspend or cancel the Merchant account (see Section 4.8.2, Our Right to Decline, Suspend, or Close Your account) based on excessive complaints in our Zenkipay Trade Assurance Center (ZTAC)
Merchant shall be solely responsible for providing the goods or services to the Shoppers, and neither Zenkipay, its affiliates, nor any third party shall have any obligation to provide such goods or services to the Shopper.
10.5 Zenkipay-Supported Cryptocurrencies
Zenkipay may add new cryptocurrencies to the Zenkipay service. Additional cryptocurrencies will be added on an opt-out basis, such that they will be enabled by default unless you instruct Zenkipay to disable them. For every new Cryptocurrency said, you will also have to specify the desired behavior for that Cryptocurrency. In addition, circumstances may cause Zenkipay to decide to remove a particular cryptocurrency as a payment option.
10.6 Payment Exceptions
In certain situations, when an Invoice is underpaid or overpaid, it will result in a “payment exception.” Shoppers will automatically receive a notification via email and/or SMS messaging from Zenkipay to claim the underpayment, overpayment, or orphan payments, as described below. Zenkipay incurs miner fees to refund a payment. If a Shopper requests a refund for a payment exception, Zenkipay will deduct the gas fees or miner fees from the refunded amount (see Section 14, Fees, for details)
10.6.1 Underpayments
Underpayments occur when a Shopper sends insufficient funds to fully pay a QR code or deep link transaction. Underpayments cannot fulfill a QR Code or deep link transaction in whole or part, and the underpayment is not credited to your Account. Zenkipay will notify the Shopper of the underpayment by email and/or SMS message, and such notification will enable the Shopper to request a refund for the partial payment. To complete the transaction, the Shopper will need to generate a new QR code or deep link transaction by restarting the checkout process. The new QR Code or deep link will provide the Shopper with a new payment amount based on the then-current exchange rate and a new time window to complete the payment.
10.6.2 Overpayments
Overpayments occur when a Shopper sends funds over the amount needed to fulfill the QR code or deep link transaction. In such cases, the QR Code or deep link passes through the state of being paid in full and is marked as an overpayment. Once the QR code or deep link status is set to “complete,” the funds needed to pay the transaction fully are applied to your account. However, the excess funds are not used. Zenkipay will send a notification by email and/or SMS message to the Shopper enabling the Shopper to request a refund for the excess funds. If a Shopper requests a refund for a payment exception, Zenkipay will deduct the miner fees from the refunded amount (see Section 14, Fees, for details).
10.6.3 Orphan Payments
“Orphan payments” occur when a transaction is received outside the time window referenced in Section 10.1. Any payments sent to the expired QR code or deep link will show up in the Zenkipay system as a Detected orphan payment. In this case, Zenkipay will initiate a reimbursement to the Shopper because it is also a payment exception. Zenkipay will deduct the miner fees from the refunded amount (see Section 14, Fees, for details).
Undetected orphan payments also occur when a user sends Cryptocurrency to one of our wallet addresses without a connection to a QR Code or deep link; in such cases, we cannot automatically associate undetected orphan payments with a QR Code, Merchant, Shopper email, or SMS capable phone number.
For more information or to resolve undetected orphaned payments, either you or the Shopper will need to reach out to our support team (with the required information, undetected orphan payments are failed payments and cannot be applied to a QR Code. If an undetected orphan payment occurs, the Shopper will need to generate a new transaction and restart the checkout process.
10.6.4 Unsupported Payments
Unless explicitly mentioned on our website or in this Agreement, we do not support or process payments for unsupported coins, tokens, or blockchain forks, collectively known as “Unsupported Payments” (”UP”). Shoppers should not pay a Zenkipay QR Code with UP or send UP to a Zenkipay address. If a Shopper transmits UP, the Shopper may lose any perceived value in the UP. Additionally, Zenkipay assumes no responsibility whatsoever concerning UP, and Shoppers will not be able to recover UP from Zenkipay. For an overview of currently supported cryptocurrencies, please visit our website.
10.6.5 Unclaimed Property
If a payment exception occurs, Zenkipay will try to locate you or the Shopper using the information shown in our records. Still, if Zenkipay cannot contact you or the Shopper, applicable law may require Zenkipay to report these funds as unclaimed property to the relevant jurisdiction. Zenkipay reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds as permitted by applicable law.
10.7 Delayed Settlement
If we need to investigate or resolve any pending dispute related to your account, or if required by law, court order, or at the request of law enforcement, we may delay settlement or restrict access to settlement funds. In case of a delayed settlement, we will strive to inform you unless a court order or law enforcement is prohibited promptly. We will not be liable to you for any damages or harm caused by such delayed settlement or restricted access. Unless required to wait for settlement by law, we are committed to not delaying or restricting settlement unnecessarily. We will only partially delay or limit if partial delay or restriction is possible. Once the reasons for delayed settlement or restricted access to settlement funds can be reasonably proven to have been resolved, Zenkipay will pay you the total amount of such funds without delay.
10.8 Account Information
You will access account information detailing your ledger, transactions, and settlement history through your Dashboard. Should you identify an error, you must notify us within thirty (30) calendar days of the ledger entry posting.
11. Refunds by the Merchant
Zenkipay is not responsible for direct merchant refund policies or verifying that such policies conform to applicable law. We suggest merchants provide a clear refund policy to their customers (including, if appropriate, “no refunds are allowed as all sales are final”). By using Zenkipay, Merchant will agree to our Terms and comply with our ZTAC (See section 10.4)
12. Complaints
Merchants that wish to register complaints regarding our Acceptance Services should contact us via or Dashboard at Zenkipay
13. Settlement
13.1 Methods of Settlement
Zenkipay will clear payments from your Shoppers to you over the cryptocurrency peer-to-peer payment network and credit your account ledger according to your settlement preferences and desired behavior for each cryptocurrency you established in your Dashboard. The debits and credits to your account ledger are funds temporarily held by Zenkipay until the escrow contract completes, as stated in section 10 of these terms.
An Account ledger and Zenkipay Wallets will be created for each currency selected for settlement under your settlement preferences and or desired behavior for each cryptocurrency accepted. Suppose you change your settlement preferences or desired behavior to any cryptocurrency taken. In that case, those changes will be effective for account ledger balances and wallets received after the change date. Any account ledger balances and wallets dating before the preference change will settle under your pre-change settlement preferences.
13.2 Settlements in Supported Cryptocurrencies; Disclosure of Risks
If your settlement preference or desired behavior for that cryptocurrency includes cryptocurrency settlement, you assume the volatility risk of the cryptocurrencies in which settlement occurs. If any of the supported cryptocurrencies are the chosen settlement medium, you accept the volatility risk of the cryptocurrency value.
Zenkipay does not own or control the underlying software protocols that govern the operation of cryptocurrencies supported on our platform. The underlying protocols are generally open-source; anyone can use, copy, modify, and distribute them.
13.3 DISCLOSURE: Material Risks of Virtual Currency Disclosure Under 23 NYCRR 200.19
While there are material risks from accepting various forms of payment (such as cash, other fiat currencies, network card payments, other proprietary electronic payments, and alternative virtual currency payments), Zenkipay discloses the following:
- Virtual Currency (like Bitcoin) is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Virtual Currency;
- Transactions in Virtual Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- Some Virtual Currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the Shopper initiates the transaction;
- The value of Virtual Currency may be derived from the continued willingness of market participants to exchange Fiat Currency for Virtual Currency, which may result in the potential for a permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear;
- There is no assurance that a Person who accepts a Virtual Currency as payment today will continue to do so in the future;
- The volatility and unpredictability of the price of Virtual Currency relative to Fiat Currency may result in significant loss over a short period;
- The nature of Virtual Currency may lead to an increased risk of fraud or cyber-attack;
- The nature of Virtual Currency means that any technological difficulties experienced by Zenkipay may prevent the access or use of a Shopper’s Virtual Currency; and
- Any bond or trust account maintained by Zenkipay for the benefit of its Merchants may not be sufficient to cover all losses incurred by customers.
13.4 Refund Reserve
Upon your direction, we can set a refund reserve on your account. The refund reserve’s purpose is to ensure there is always a buffer of funds available on your account to cover pending gas fees when we need to reimburse a Shopper (only when goods/services are not delivered).
If no refund reserve is set, pending refunds will be deducted from the balance (escrow and available balance) on your account, which is settled daily by us. If a refund reserve is set, we will only settle the pending balance sitting on top of the refund reserve amount. If there is no balance to be settled, we will use the funds available in your refund reserve to cover pending refund requests from your account. If the refund reserve is being used, any incoming deposits to your account would first refill the reserve up to the amount defined (incoming deposits are QR codes or deep links paid by Shoppers. Refund reserve values are established and maintained in stablecoin currency only.
14. Fees
14.1 Miner Fees or "Gas fees"
Cryptocurrency transactions typically incur miner fees. Cryptocurrency wallets automatically create these fees to broadcast transactions on a given blockchain network. These fees are paid to cryptocurrency miners (and their operators) that process transactions and maintain the respective network. Miner fees are variable depending on network conditions and the desired confirmation speed for the transaction. If a cryptocurrency network gets congested, the minimum required miner fee will be higher to ensure the transaction can be reliably processed on the network. Conversely, a lower-than-average miner fee can put a transaction at risk of slow confirmation or no confirmation.
14.2 Merchant Fees
14.2.1 Zenkipay Processing Fees
See section 10.2 for the full details of Zenkipay’s processing fees.
If you opt to offer a discount to the Buyer (“Share the Crypto Love”), you can see the discount passed directly to your Buyer on your dashboard for each transaction. It is NOT a Zenkipay fee or commission; it is a discount that goes directly to your Buyer.
We reserve the right to change our processing fees and commissions. We will provide you with no less than thirty (30) days’ notice of such change, and your continued use of these terms after the advance notice period of the fee change constitutes your acceptance of such change. Current pricing information is provided on the Zenkipay website and in Section 10.2 of these Terms.
14.2.2 Refund Fees on Payment Exceptions
If a Shopper’s transaction ends as a Payment Exception (see Section 10.6, Payment Exceptions), Zenkipay deducts the corresponding miner fee used to return the payment to the Shopper from the Shopper’s pending balance.
14.2.3 Gas fees (Miner fees) when you move cryptocurrency to other wallets.
You can send your cryptocurrency, including your stable coin available balance (Not in escrow mode), at any time. However, gas fees or miner fees for moving those cryptocurrencies out of the Zenkipay network will be deducted from your available balance on that cryptocurrency. You will be able to move the cryptocurrency only if you have sufficient credit to cover at least the gas fees or miner fees for that cryptocurrency.
14.3 Shopper Fees
The Shopper pays a miner or “gas fee” to send funds from their cryptocurrency wallet to pay a Zenkipay QR Code.
14.4 Regular Fee Summary
Party | Zenkipay processing fee | Miner fees |
---|---|---|
Merchant | NO (See section 10.2) | When moving to external Zenkipay Wallets |
Shopper | NO (See section 10.1) | When paying a Zenkipay QR Code or deep link transaction |
14.5 Exceptions Fee Summary (Overpayments, Underpayments, Claims)
Scenario | Scenario Description | Time window | Merchant Crypto Conversion Policy | Refund policy | Miner fees | Currency |
---|---|---|---|---|---|---|
Overpayments / Underpayments | The Shopper pays for an amount greater or smaller than the original amount. | Any time | N/A | Refund the total transaction amount to the Shopper. | Paid by the Shopper. | In the original Crypto paid by the Shopper. |
Full/partial order claim (By the Shopper) | The Shopper did not receive the product(s) or service(s ) or is not satisfied with one or all of them. | During the escrow time window | To the original Crypto received by the Shopper | Refund the total or partial transaction amount to the Shopper. | Paid by the Merchant. | In the original Crypto paid by the Shopper. |
Full/partial order claim (By the Shopper) | The Shopper did not receive the product(s) or service(s ) or is not satisfied with one or all of them. | During the escrow time window | To Stablecoin | Refund the total or partial transaction amount to the Shopper. | Miner fees and/or conversion rates will be paid by the Merchant. | In the original Crypto paid by the Shopper using the conversion rate applied at the moment of the refund. |
Full/partial order claim (By the Shopper) | The Shopper did not receive the product(s) or service(s ) or is not satisfied with one or all of them. | Out of the escrow time window | To the original Crypto received by the Shopper | Due that the payment has been already settled to the Merchant, the claim must be addressed directly with the Merchant. If the claim proceeds, the Merchant can pay the Shopper the total or partial amount using the Zenkipay platform as well or using his Merchant Wallet. | If the claim proceeds, miner fees should be paid by the Merchant. | In the original Crypto paid by the Shopper. |
Full/partial order claim (By the Shopper) | The Shopper did not receive the product(s) or service(s ) or is not satisfied with one or all of them. | Out of the escrow time window | To Stablecoin | Due that the payment has been already settled to the Merchant, the claim must be addressed directly with the Merchant. If the claim proceeds, the Merchant can pay the Shopper the total or partial amount using the Zenkipay platform as well or using his Merchant Wallet. | If the claim proceeds, miner fees and/or conversion rate should be paid by the Merchant. | In the original Crypto paid by the Shopper using the conversion rate applied at the moment of the refund. |
15. Indemnification
You agree to indemnify Zenkipay, its affiliated and related entities, and any of its officers, directors, employees, and agents from and against any claims, costs, losses, liabilities, damages, expenses, and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to any actual or alleged breach of your representations, warranties, or obligations outlined in these Terms.
16. No Warranties
EXCEPT AS OTHERWISE OUTLINED IN THESE TERMS, WE PROVIDE THE ACCEPTANCE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE ACCEPTANCE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE ACCEPTANCE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE PRECEDING, WE DO NOT WARRANT THAT THE ACCEPTANCE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS, OR WILL BE AVAILABLE, UNINTERRUPTED, OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE ACCEPTANCE SERVICES OR OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
17. Limitation of Liability
EXCEPT AS OTHERWISE OUTLINED IN THIS AGREEMENT, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE ACCEPTANCE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. FOR CUSTOMERS CONTRACTING WITH ZENKIPAY, WHILE THIS LIMITATION OF LIABILITY DISCLAIMS LOST PROFITS AND OTHER INDIRECT DAMAGES, ZENKIPAY. DOES NOT OTHERWISE EXCLUDE ITS LIABILITY FOR ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ACCEPTANCE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE ACCEPTANCE SERVICES OR THESE TERMS EXCEED THE FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE ACCEPTANCE SERVICES DURING THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT, GIVING RISE TO THE CLAIM FOR LIABILITY. THE PRECEDING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. Miscellaneous
18.1 Taxes
You are solely responsible for determining any taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with these Terms. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authorities. We are not obligated to determine whether taxes apply, calculate, collect, report, or pay taxes to any tax authorities arising from any transaction.
18.2 Assignment
You may not transfer or assign these Terms or any rights granted by these Terms. You agree and acknowledge that we may assign or transfer these Terms.
18.3 Severability
Should any provision of the Terms be invalid or unenforceable under any law, regulation, or court order, such determination will not affect the validity or enforceability of any other provision.
18.4 Waivers
A party’s failure to assert any right or provision in the Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such or another term.
18.5 Entire Agreement
The Terms, including other of Zenki’s terms referenced herein, represent the entire understanding between you and us. Headings are included for convenience only and shall not be considered in interpreting the Terms.
18.6 Notices
Any notice or other communication given to a party in connection with the Terms shall be in writing in Spanish. Messages may be sent by a recognized overnight air courier and/or by email. The parties agree that all terms, conditions, agreements, notices, disclosures, or other communications we provide to each other electronically will be “in writing.” The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. Zenkipay may send notices to you at the email and physical address you submit to create your account. You may update these addresses through your Dashboard. Notices to Zenkipay may be sent to Zenki Argentina S.A., Av. Santa Fe 1731, piso 7, depto 47, de la Ciudad Autónoma de Buenos Aires Attn: Consejero general, [email protected]
18.7 Governing Law; Arbitration; Waiver of Class Action
18.7.1 Governing Law
To the extent that your relationship is with Zenki Argentina S.A., these Terms are governed by the laws of Argentina.
18.7.2 Dispute Resolution for Contracts with Zenki Argentina S.A.
Your contractual relationship is with Zenki Argentina S.A., and a disagreement or dispute arises that in any way involves the Acceptance Services or the Terms and cannot be resolved between the parties with reasonable effort, the controversy or dispute shall be resolved in Buenos Aires, Argentina or a location agreed upon by both parties. The arbitration shall be conducted in the Spanish language.
Unless prohibited by law, you agree that there shall be no authority for any claims to be arbitrated on a class or representative basis. The arbitration will only decide a dispute between you and us. Arbitration proceedings must be initiated within one (1) year after the disagreement or conflict arises. If any part of this arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, except that in no case shall there be a class arbitration.
18.8 Updates to Terms
We may make changes to these Terms from time to time, and if we do, we will notify you by revising the date at the top of the Terms. We will provide an email or similar notification if material changes are made to these Terms. Unless otherwise noted, the amended Terms will be practical immediately, and your continued use of our Services will confirm your acceptance of the changes. You must stop using our Services if you do not agree to the amended Terms.
18.9 Force Majeure
Neither party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, non-performance of our vendors or suppliers, acts of God, pandemics, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
18.10 Confidentiality
A party’s “Confidential Information” is defined as any information of the disclosing party, which: (a) if disclosed in a tangible form is marked as “Confidential” or “Proprietary” or, if not so marked, should be reasonably understood by the receiving party from the context of disclosure or from the information itself, to be confidential; (b) if disclosed orally or visually is declared to be confidential or, if not so declared, should be reasonably understood by the receiving party from the context of disclosure or from the information itself to be confidential; or (c) is designated as Confidential Information in these Terms. Confidential Information shall include, without limitation, information accessed via the Zenkipay API, technical specifications and processes of each party, and all Merchant data. Each party shall hold the other party’s Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other party’s Confidential Information for any purpose other than solely as required and necessary to perform its obligations under these Terms. Such restrictions shall not apply to Confidential Information that: (a) is known by the recipient before the date of disclosure by the disclosing party; (b) becomes publicly known through no act or fault of the recipient; (c) is received by the recipient from a third party without a restriction on disclosure or use, or (d) is independently developed by the recipient without reference to or knowledge of the Confidential Information.
Notwithstanding the preceding, a party may share Confidential Information with an affiliate if the other party requests services from such an affiliate. This Section shall bind such affiliate. In the event Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, the party subject to such condition shall promptly notify the disclosing party upon learning of the existence or likely existence of such provision and shall use reasonable efforts to avoid such disclosure and, if necessary, use reasonable efforts to obtain confidential treatment or protective order covering any disclosed Confidential Information. The parties’ obligations to maintain the confidentiality of the information told hereunder shall survive the expiration or termination of these Terms or until such information becomes public information through no fault of the receiving party.
18.11 Survival
The provisions of Sections 3 (Representations and Warranties), 4.8.3 (Effect of Account Closure), 6 (Security and Wallet Security), 7 (Privacy), 8 (Ownership and Use of Services and Intellectual Property), 9 (Advertising and Marketing), 10.5 (Delayed Settlement), 15 (Indemnification), 16 (No Warranties), 17 (Limitation of Liability), and 18 (Miscellaneous) shall survive the termination of these Terms.
18.12 No Joint Venture or Agency
Nothing in this Agreement is intended to or shall be deemed to establish any joint venture between the Parties, and other than the limited agency based in Section 1, nothing is intended to establish either Party as an agent of the other.
18.13 Business Days Defined
For these Terms, a business day shall be standard business hours on any day, excluding Saturday or Sunday. As to Zenki S.A. de C.V., days are generally accepted as federal holidays in the United States and Mexico.
18.14 Discrepancy in these terms with the Spanish version
If there are differences in these terms with the Spanish version, the terms in Spanish must prevail.