Last revised: October 13, 2021
This document contains the terms and conditions (the “Terms”) that apply to visitors to the zenbill.com website (“Website”) and users of our product and services (“Services”). The Services are provided to you by the team at Crbn, Inc.
We’re excited you’ve decided to join the Zenbill Community!
First things first:
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT UNDERSTAND THESE TERMS, PLEASE CONTACT US AT SUPPORT@ZENBILL.COM BEFORE ELECTRONICALLY SIGNING IT. WE’VE TRIED TO MAKE THESE TERMS EASY TO UNDERSTAND, AND WE ARE HAPPY TO HELP ANSWER ANY QUESTIONS YOU MAY HAVE. WHEN YOU CLICK “I AGREE” TO ELECTRONICALLY SIGN THIS DOCUMENT, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPT ALL OF THESE TERMS.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION, AND A JURY TRIAL AND CLASS ACTION WAIVER PROVISION, WHICH MEANS THAT YOU AGREE TO RESOLVE ANY DISPUTES OR CLAIMS BETWEEN US ABOUT THESE TERMS AND YOUR USE OF THE ZENBILL SERVICES BY ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF IN FRONT OF A JURY IN A COURT OF LAW. THIS ALSO MEANS YOU WILL NOT BE PERMITTED TO PARTICIPATE IN A CLASS ACTION LAWSUIT AGAINST US. YOU SHOULD READ SECTION 17 FOR MORE DETAILS ABOUT YOUR DISPUTE RIGHTS, INCLUDING YOUR RIGHT TO OPT OUT OF MANDATORY ARBITRATION.
In this document, the term “we” refers to Crbn, Inc (“Zenbill,” or “us”). The term “you” or “Zenbill User” refers to individuals who register to use the information, tools, features, software, content, and functionality that we provide to you through the Services. To use the Services, you must follow the instructions on our Website and create an account with us (“Zenbill Account”). There are two types of Zenbill Accounts that you may apply for depending on your intended use of the Services: Active User Account or Recipient User Account.
The Services are intended to help you manage and automate invoices and bill payment. You can use the Service as an Active User to aggregate and view all of your financial account information in one place, monitor upcoming bill payments, set up recurring billing for automatic payments, integrate with your accounting software like Quickbooks Online or Xero or as a Recipient User to collect easily payment without sharing your banking details directly with your client.
To use the Services and qualify for a Zenbill Account, you must be a resident of the United States, you must be at least 18 years old, and you must also be capable of entering into a contract with us. This means that if you agree to these Terms, you promise us that you are of sound mind and body, and no one else is forcing you to accept these Terms. You will always be able to review these Terms on our Website.
Your right to access and use the Services is personal to you, and you may not allow anyone else to access your Zenbill Account. You may only use the Services for lawful purposes. For the Services to function effectively, you must provide true, accurate, current and complete information about your bank accounts. You also represent to us that you are the legal owner of each of the bank accounts that you connect to your Zenbill Account (“Connected Accounts”). You are not allowed to access the Services other than with your username and password, and you must follow the instructions we provide to you. We may suspend or stop providing the Services to you if we suspect you are committing fraud or are engaging in illegal activity, or if you act abusively to us or to other Zenbill Users. You also may not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodology to access, acquire, copy or monitor the Services or any portion of the Services (ii) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or (iii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
You need to register for a Zenbill Account to use the Services. At a minimum, you need to give us your e-mail address, and create a username and password. Depending on how you use the Services, we may verify your identity by asking for your full name, mailing address, social security number, phone number, and your driver’s license or passport. We may also ask you to verify ownership of your Connected Account and any other financial services accounts you connect to your Zenbill Account. You authorize us to use your personal information to verify your identity, including sharing your personal information with other companies who provide identity verification services to us. If you do not provide your personal information or we cannot verify your identity, we can refuse to allow you to use the Services.
You are responsible for keeping your Zenbill username and your password a secret. By providing us with your e-mail address and phone number, you agree to receive all notices from us electronically. You must update your Zenbill Account if you change your e-mail address or your phone number. If you lose your login or password, or you believe someone has accessed your Zenbill Account without your permission, notify us immediately at firstname.lastname@example.org.
Zenbill reserves the right, in our complete discretion, to charge a monthly membership fee to use the Services. We may charge you the fees under a subscription model, per transaction, per contract, per volume, per recipient, or per check mailing basis “Zenbill Fees”). You can find information about the Zenbill Fees and payment options by clicking on https://www.zenbill.com/pricing. We accept payments for Zenbill Fees via Automated Clearing House (“ACH”) debit from your preferred bank account (“Payment Method”). By creating a Zenbill Account and linking your Payment Method, you authorize us to charge your Payment Method to pay your fees.
You authorize us to electronically debit and credit your Payment Method via ACH (when and as applicable) to:
By electronically accepting these Terms and by opening a Zenbill Account, you acknowledge that your authorization represents your prior written authorization for each of the Payments described in this Section 8; and your authorization to us will remain in full force and effect until you notify us that you wish to revoke your authorization by contacting us via the “Contact Support” link on our Website or by email at email@example.com.
You can stop or pause a payment by notifying us through the Website. You must notify us that you are exercising your right to stop a payment, or revoke your authorization for automatic payments at least 3 banking days before the next scheduled payment date to prevent the payment from occurring. If you instruct us to stop or pause a payment or revoke your authorization to us to debit your Payment Method, but you do so less than 3 banking days before the next scheduled payment date, we may attempt, in our sole discretion, to cancel that scheduled payment. However, if we are unable to stop the payment we are not responsible to you for any losses (such as overdraft fees) that you incur. Zenbill reserves the right to cancel or suspend payments to prevent fraud or to help us comply with our obligations to our partners (“Zenbill Partner”).
You also agree:
If you think any of the payments in your Zenbill Account are incorrect or if you need more information about a payment shown in your Zenbill Account, click the “Contact Support” link on our Website, or email us at firstname.lastname@example.org, as soon as possible. We must hear from you no later than 90 days after the date on which the problem or error appeared on our Website.
Please contact us immediately at the “Contact Support” link on our Website, or emailing us at email@example.com as soon as possible if:
IF YOU BELIEVE THAT SOMEONE USED THE INFORMATION IN YOUR ZENBILL ACCOUNT TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR CONNECTED ACCOUNT, OR IF YOUR ZENBILL ACCOUNT RECORDS CONTAIN A PAYMENT ERROR, CONTACT YOUR BANK IN ADDITION TO US. FAILURE TO NOTIFY YOUR BANK DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.
When you connect your bank accounts to your Zenbill Account, you will authorize one of our third-party service providers (“Service Providers”), such as Plaid and Dwolla, to use your Connected Account credentials to retrieve account statement information (“Connected Account Data”). You may also authorize one of our partners to share your Zenbill Partner account information (“Partner Account”) with us through your Zenbill Account. For your security, we never see or store your Connected Account or Zenbill Partner account login information. You hereby grant us and our Service Providers a limited power of attorney, and you hereby appoint us and our Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access connected bank accounts and documents, retrieve Connected Account Data, and use your Connected Account Data with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, to the same extent and for the same purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR ONE OF OUR SERVICE PROVIDERS ACCESSES AND RETRIEVES CONNECTED ACCOUNT DATA OR PARTNER DATA, WE AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF, OR ON BEHALF OF THE CONNECTED BANK ACCOUNT PROVIDER OR ZENBILL PARTNER.
Zenbill is not responsible for the products and services provided to you by any Connected Account Provider or Zenbill Partner (“Partner Services”), or for the timeliness, accuracy, deletion, non-delivery or failure to store any account data, communications, personalization settings, or other information provided to us by a Zenbill Partner (“Partner Data”) or Connected Account Data. For example, when displayed through the Services, Connected Account Data and Partner Data is only as fresh as the time shown, which reflects when the information is obtained from the Connected Account Provider or Zenbill Partner. Such information may be more up-to-date when obtained directly from the Zenbill Partner or Connected Account Provider. You can refresh your Partner Data or Connected Account Data by following the instructions in your Zenbill Account. We do not review or verify any Partner Data or Connected Account Data we receive, and we are not responsible for any losses, damages, or costs you incur due to any inaccuracies in Partner Data or Connected Account Data. We also may not be able to foresee or prevent technical difficulties that result in failure to obtain, or for loss of Partner Data or Connected Account Data, your personalization settings or other service interruptions.
While we certainly hope that you will find great value in the Services, we won’t make it hard on you if you decide to move on.
If you would like to close your Zenbill Account, please contact us at firstname.lastname@example.org. .
IMPORTANT: IF YOU CLOSE YOUR ZENBILL ACCOUNT, ALL PENDING TRANSACTIONS WILL BE COMPLETED AND YOU WILL NO LONGER BE ELIGIBLE TO SCHEDULE NEW TRANSACTIONS.
We may also close your Zenbill Account with or without notice to you:
If we or you close your Zenbill Account, we will immediately deactivate your Zenbill Account and you will no longer be able to access it. We will also delete all of the information in your Zenbill Account from our servers within 48 hours, and we will not be liable to you or to anyone else for any consequences that result from the closure of your Zenbill Account.
From time to time, we may send you automated and voluntary notices about your Zenbill Account and your use of the Services. You can choose the types of notices, and the method we use to notify you, such as via email or text message through your Zenbill Account settings. You can change your preferences or disable notices at any time. We may add new notices at any time in our sole discretion. You understand that the notices we provide you through your Zenbill Account may be delayed or prevented due to circumstances beyond our control. We will do our best to provide notices to you in a timely manner and with accurate information, but we cannot guarantee the delivery, timeliness, or accuracy of the content of any notices. We are not liable to you, any Connected Account Provider, Zenbill Partner, Service Provider or to anyone else due to any delays, failure to deliver, or misdirected delivery of any notices, or for any errors in the content of a notice; or for any actions taken or not taken by you or any other person in reliance on a notice. We will never include your password in any notices we provide. However, notices from us may include your username and information about your Zenbill Account. Depending upon the notice method you select, information such as the due date of your next payment may be included, and may be visible to anyone who has access to that notice method. If you choose to receive notices from us via text message, your mobile service provider may charge you standard text messaging fees.
The text, graphics, images, logos, button icons, photographs, editorial content, notices, software and other materials we provided you, including the manner in which we arrange or present them to you are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong to Zenbill, or are licensed to Zenbill by Zenbill Partners (the “Zenbill Materials”). We grant you the right to view and use the Service, but we or our Zenbill Partners retain ownership of the Zenbill Materials at all times. You may download or print a copy of the Zenbill Materials for personal, non-commercial use only. Any distribution, reprint or electronic reproduction of any Zenbill Materials in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Zenbill Materials in a manner that violates any applicable law, regulation or these Terms.
Some parts of the Services are supported by sponsored links from Zenbill Partners and advertisers. We display offers (“Zenbill Offers”) that may be custom matched to you based on your Zenbill Account Data and how you use the Services. We will always let you know when a particular Zenbill Offer is sponsored. Zenbill Offers will contain links to Zenbill Partner and advertiser sites and apps. However, we do not endorse, warrant or guarantee the products or services available through the Zenbill Offers (or any other third-party products or services advertised on or linked from the Zenbill Services), whether or not sponsored, we are not an agent or broker or otherwise responsible for the activities or policies of the entity making the Zenbill Offer to you. We do not guarantee that any loans, investment plans, or other service terms, rates or rewards offered by any particular Zenbill Partner or advertiser are actually the terms that will be offered to you if you pursue the Zenbill Offer or that they are the best terms or lowest rates available in the market.
Your access to and use of the Zenbill Services may be interrupted due to malfunction of your or our equipment, software updates and maintenance, and other actions that Zenbill, in its sole discretion, may elect to take from time to time for any reason. We will not be liable to you or anyone else for any loss, cost, or damage that result from any scheduled or unscheduled downtime, or your inability to access the Zenbill Services. Your sole and exclusive remedy for any failure or non-performance of the Zenbill Services, will be for Zenbill to use commercially reasonable efforts to restart, reconnect or repair the applicable Zenbill Services.
WE MAKE NO WARRANTIES TO YOU ABOUT YOUR ZENBILL ACCOUNT OR THE SERVICES. EXCEPT AS EXPRESSLY DESCRIBED IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU REGARDING YOUR ZENBILL ACCOUNT AND YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE AVAILABLE FOR YOU TO USE, THAT THE TRANSACTION INFORMATION YOU SEE IN YOUR ZENBILL ACCOUNT IS ACCURATE OR UP-TO-DATE, OR THAT ANY OF THE FINANCIAL EDUCATION MATERIALS WE OR OUR PARTNERS PROVIDE TO YOU ARE SUITABLE FOR YOUR FINANCIAL GOALS OR SITUATION.
OUR LIABILITY TO YOU IS LIMITED. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZENBILL, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR ZENBILL PARTNERS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOST PROFITS OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE LEGAL THEORY OR OTHER DAMAGES ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICE; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE DESCRIBED OR PROVIDED TO YOU, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED TO YOU, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF ZENBILL, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR ZENBILL PARTNERS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT WILL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).
YOUR INDEMNIFICATION OBLIGATIONS TO US: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ZENBILL, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, ATTORNEY’S FEES, AND ALL RELATED EXPENSES, WHETHER IN TORT, CONTRACT, OR OTHERWISE, THAT ARISE OUT OF, RELATE TO, OR ARE ATTRIBUTABLE, IN WHOLE OR IN PART, TO YOUR BREACH OF THESE TERMS OR ANY ACTIVITY BY YOU RELATED TO YOUR USE OF THE SERVICES.
We reserve the right to change these Terms at any time, or to temporarily or permanently discontinue the Services with or without notice to you. We also reserve the right to change the features of the Services in our sole discretion. We will notify you of any change to the Zenbill Fees via email or through your Zenbill Account. If you don’t like the changes we make, you should stop using the Services and close your Zenbill Account. By continuing to use the Services after we notify you of any changes to these Terms, (a) you are letting us know that you agree to the changes, in the same manner as you did when you first agreed to these Terms; and (b) we will not be liable to you or anyone else for any modification, suspensions, or discontinuance of the Services.
Zenbill may modify these Terms from time to time. Any and all changes to theses Terms may be provided to you by electronic means (i.e., via email or by posting the information on the Website). In addition, the Terms will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Terms when you use the Services after those changes are posted.
This Section 17 constitutes your agreement to arbitrate (“Arbitration Agreement”) all disputes arising under or in connection with this Agreement and your relationship with us (collectively, a “Claims”). This includes Claims made by us against you, by you or anyone connected to you against us or any of our subsidiaries, affiliates, agents, employees, predecessors, successors, or assignees. Arbitration is often used to resolve Claims more efficiently than a trial, particularly where the amount of the Claims is small (lawyers are expensive!)
YOU ARE WAIVING THE RIGHT TO LITIGATE A CLAIM IN COURT AND TO HAVE A JURY TRIAL ON ANY CLAIM. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATIONS WITH OTHER ARBITRATIONS ARE NOT PERMITTED. AN ARBITRATOR CAN AWARD RELIEF ONLY ON AN INDIVIDUAL BASIS. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR AS A PRIVATE ATTORNEY GENERAL RELATING TO ANY CLAIM.
All Claims will be decided finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (“AAA”) according to this provision and the applicable AAA rules, which may limit the discovery available to you or to us. You can obtain copies of the AAA rule and forms by contacting AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside as of the date you execute this Agreement.
The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”) and applicable statutes of limitations, and will honor claims of privilege recognized at law.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claims. The arbitrator’s decision and judgment criteria will not have a precedential or collateral estoppel effect on Claims asserted by any individual or entity who was not party to the arbitration. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). This Arbitration Agreement will be governed by the FAA. If a court or arbitrator decides that this Arbitration Agreement cannot be enforced as to a particular Claim for relief, then that Claim (and only that Claim) must be severed from the arbitration and may be brought in court. Individual Claims filed in small claims court are not subject to this Arbitration Agreement as long as the Claim remains in small claims court. The arbitrator alone will have the authority to interpret the scope and enforceability of this Arbitration Agreement, except that any Claim concerning the scope or enforceability of the prohibition on class, collective, or representative Claims, or Claims in arbitration for public injunctive relief, will be resolved by the state and federal courts in city and county of San Francisco, California in accordance with California law.
ARBITRATION OPT-OUT: You may opt out of resolving disputes by arbitration by writing to us at 1050 Queens Street suite 100, 96814 Honolulu Hawaii within 30 days of first accepting these Terms and telling us you would like to opt out of mandatory arbitration. You must include your first and last name in the letter.
If you downloaded the Zenbill App from the Apple App Store, the following terms also apply to you:
Electronic Fund Transfer Disclosure Statement. The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application.
Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) Business Days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this section may be extended for a reasonable period.