Please read these Terms of Service (“Terms”) carefully before using zeropointus.com (the “Site”) or any services offered by ZeroPoint (“ZeroPoint,” “we,” “us,” or “our”). By accessing the Site or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use the Site or services.
1. Services
ZeroPoint provides merchant services including credit card processing through a cash discount program, point-of-sale hardware, virtual terminals, e-commerce payment integrations, and working capital advances (collectively, the “Services”). The specific terms governing your merchant account, including processing rates, fees, funding timelines, and chargeback procedures, are set forth in your Merchant Services Agreement (“MSA”) and, where applicable, your Working Capital Agreement (“WCA”). In the event of any conflict between these Terms and your MSA or WCA, the MSA or WCA controls with respect to the subject matter it addresses.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or the business you represent. By using the Site or engaging our Services, you represent and warrant that you meet these requirements.
3. Acceptable Use of the Site
You agree not to:
- Use the Site in any way that violates applicable federal, state, or local laws or regulations.
- Transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable.
- Attempt to gain unauthorized access to any portion of the Site or its related systems or networks.
- Scrape, crawl, or harvest content from the Site without our express written permission.
- Introduce any viruses, trojan horses, worms, or other malicious code.
- Use the Site to transmit unsolicited commercial communications (spam).
4. Intellectual Property
The Site and its content - including text, graphics, logos, images, and software - are owned by or licensed to ZeroPoint and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without our prior written consent, except for personal, non-commercial use of the Site as intended.
5. Cash Discount Program Compliance
ZeroPoint's services include a cash discount program. By enrolling in this program, you agree to comply with all applicable card network rules (including Visa, Mastercard, and Discover rules governing cash discounts), federal law including the Durbin Amendment, and any applicable state law. You are solely responsible for proper customer disclosure and signage at your point of sale as required by applicable rules. ZeroPoint will provide guidance on compliant signage, but ultimate responsibility for compliance rests with you.
6. Working Capital Advances
Working capital advances are subject to underwriting approval and the terms of your WCA. Advances are repaid through a fixed percentage of future card sales. They are not loans, and repayment does not accrue interest in the traditional sense; the cost of the advance is set forth as a factor rate in your WCA. You should carefully review the WCA before signing. Nothing on the Site constitutes a commitment to fund any particular advance.
7. Disclaimers
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZEROPOINT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
INFORMATIONAL CONTENT ON THE SITE (INCLUDING ARTICLES, GUIDES, AND FAQs) IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE. YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL BEFORE MAKING FINANCIAL DECISIONS.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZEROPOINT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES - EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
9. Indemnification
You agree to indemnify, defend, and hold harmless ZeroPoint and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any misrepresentation made by you.
10. Third-Party Links and Services
The Site may contain links to third-party websites or reference third-party services. These links are provided as a convenience only. ZeroPoint does not endorse, and is not responsible for, the content or practices of any third-party site or service. Your use of third-party sites is at your own risk and subject to their terms.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from or related to these Terms or the Site that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring a claim in small claims court if the claim qualifies. YOU AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.
12. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top of this page. Your continued use of the Site after the effective date of the revised Terms constitutes your acceptance of those changes.
13. Contact Us
If you have questions about these Terms, please contact us:
ZeroPoint
Email: admin@zeropointus.com
Website: zeropointus.com