Terms of Use

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by ZOYAP, Inc. ("ZOYAP," "we," "our," or "us") or through ZOYAP, including Services obtained from or provided to other users. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, guardians and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your accepxance of the Terms will be deemed an accepxance by that entity, and "you" and "your" herein shall refer to that entity.

MODIFICATIONS

ZOYAP reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. ZOYAP will notify you of changes by posting on the Platform as "Terms & Conditions". Amendments will become effective immediately after they are posted on the Platform. Your use of the Platform shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review [ZOYAP-Privacy-Policy-Link] , incorporated herein by reference, for information and notices concerning ZOYAP's collection and use of your information. The provision and delivery of text messages by ZOYAP or our text message service providers is governed by our SMS-Terms&Conditions-Link, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accepx additional terms and conditions or policies. If there is a conflict between these terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

"Platform" means all ZOYAP websites, mobile or other applications, software, processes and any other services provided by or through ZOYAP.

"Member" means a person who completes ZOYAP's account registration process or a person who submits or receives a request through ZOYAP, including but not limited to Service Providers and Users themselves.

"User's are sometimes referred as Customers or User Member or User"

"Service Providers are sometimes referred as Vendor's or Service Member or Service Provider "

"Quote means estimate, price, bid, cost, charge, figure, tender"

"User Member" means a Member who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipx of Services or notifications for classes/ events / deals/ buy&sell used items / goods.

"Service Member" means a Member who is registered to send quotes for Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Services or schedule & conduct classes for a fee or schedules & conducts events for a fee or provides deals/ discounts for a service/class/things/events etc..

Services means doing work for some one or facilitating some one. Services are provided by service providers.. Services in general in Zoyap terms & conditions means "service / class / event / deals / used "

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, reviews, notifications, emails, text message, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"ZOYAP Content" means all Content ZOYAP makes available on or through the Platform, including any Content licensed from a third party.

"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descripxions, postings, reviews,text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Services requests, quotes, ratings, message threads, notifications, reviews,ratings,  Social media content ( Likes, Post, content etc), scheduling and calendar information, and other information or materials available on or through the Platform.

"Service Provider Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descripxions, notifications, postings, reviews,text, graphics, images, music, software, audio, ratings, video, information or other materials, including but not limited to profile information, Services requests, quotes, message threads, Social media content ( Likes, Post, content etc), reviews,ratings,  scheduling and calendar information, and other information or materials available on or through the Platform. On top of it details provided to Stripe payment like your business Bank Account, Routing Number, Tax ID, Date of Birth, Shop Name, Shop Address, Residential Address, Phone Number, Email Address etc

"Collective Content" means User Content, Service Provider Content  and ZOYAP Content together.

"Service means the action of helping or doing work for someone"

"Classes means a group of students who meet regularly to be taught a subject or activity. : a series of meetings in which students are taught a particular subject or activity : a course of instruction. : one of the meetings in which students are taught a particular subject or activity"

"Events means a planned public/private gathering for celebrations, concerts, shows, games, training, learning, parties, Music, Parades etc"

"Deals means a period during which a retailer sells goods at reduced prices"

"Used means having already been used (second hand) "

"Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.

"Feedback" Means " Rating, Review, and any other feedback provided by both ZOYAP users, service providers & others"

ELIGIBILITY;

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible. Only a Parent/Guardian 18 years of age or older can request a service for their children using Zoyap platform.

CHILDREN'S PRIVACY

Though our website is geared towards children, Only parents/guardian of the children who are 18 years of age or older may use the Zoyap Platform for their children. No children under 18 years of age should use Zoyap for any service/process/buy/sell/event/blog/deals/chat/transfer of images/post/review. No children under 18 years of age should create or use others account for any reason what so ever. If we discover that an individual under 18 has provided us with personal information, we will close the account and delete such information. We have all rights to restrict/delete/report users under 18 years of age at any time. Parents should take full responsibility for the details posted about them or their children on zoyap platform. Parents / Guardian should take full responsibility by keep their Usernames and passwords protected and children should NOT be allowed to use the platform. If Zoyap Admin finds / comes to know that children's are accessing the platform then parents would be informed and the account will be suspended.


SERVICE PROVIDER / USER VETTING

Zoyap does NOT vet /check a service provider or a user's background in any which way or form while adding them to Zoyap platform. Its User's and Service Provider's responsibility to Vet each other before doing business with each other. Zoyap should NOT be held responsible at any point in time by User or service provider for NOT vetting each other before bringing in to system.

In future, Zoyap may add a vetting service.. But for now Zoyap will NOT vet/check a user / service provider.

Zoyap just acts as a platform. Any issues that arise as part of NOT vetting a user or a service provider should be settled between them amicably. Zoyap will NOT be part of the Issue discussion.


SERVICE MEMBER REPRESENTATIONS AND WARRANTIES

By registering or using the Platform to offer, post or provide Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing. Service Members understand and agree that sending a quote does not guarantee the quote will be read, and using the Platform does not guarantee they will be hired for work. Service providers also understand and agree that many a times appointments will be missed by users. Service providers cannot charge late fee or the entire service charge from users or from ZOYAP. Service providers can have their own Terms of Condition and privacy policy attached to the quote while responding to the User. User by agreeing to pay and confirm appointment, agrees to all Terms & Conditions and privacy policy specific to that service provider.

USER ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

To access and to participate, User will need to create a unique password-protected account ("Account"). Users will get access to the platform by  registering for an account with ZOYAP Platform. During registration, users will be asked to provide credit/debit card details to Stripe payment gateway. User asked to provide credit card details to facilitate Stripe Connect one touch payment system. Registration will be one time per user. The payment details will be provided one time securely to Stripe Connect payment gateway. These card/payment details will be directly fed to Stripe Connect and will NOT STORED in any way or form by ZOYAP. Stripe Connect will store your credit/debit card details in their secure vault for future payments made on Zoyap. As Stripe Connect API handles all payment/credit/debit card transactions, ZOYAP will not be accountable/responsible for any security breach, credit theft, stolen credit card details, stolen payment details, stolen bank records, stolen money, payment data breach, Data theft, account detail theft, account detail compromise..etc..

Zoyap uses Users email address / mobile phone number / SMS / App to communicate to user. User must provide & maintain all valid and current contact details for faster communication.

You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your ZOYAP password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify ZOYAP immediately of any unauthorized use. ZOYAP is not be liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ZOYAP or others due to such unauthorized use.

User is responsible for all the  profile pictures/images, gallery images and other images used by them in ZOYAP PLATFORM. User will take full responsibility to make sure the  content [images/videos/photos/words etc ] used by them for profile, gallery & service  are safe & appropriate to User. Any illegal, in appropriate, nude, sexually explicit, plagiarized or pornographic content [ Image, words, videos, notes etc ] will be removed by ZOYAP ADMIN from ZOYAP PLATFORM. ZOYAP Platform has all rights to remove any content or a service provider or a user at any time. Zoyap will take legal action by informing law enforcement on the any illegal, in appropriate, nude, sexually explicit or pornographic content.

When user deletes his/her account, ZOYAP temporarily suspends & holds ZOYAP User accounts as well as their payment details for few months before deleting the details. This is just to make sure that user payments to service providers are fully paid and there are no pending/refund transactions..They will be removed from all mailing list and future communications once they have deleted their account from ZOYAP. ZOYAP will still retain the content that corresponds to the User, like Reviews, Ratings, Comments, Posts, all statistics, texts, and other details that User posts in Zoyap and the social media platforms.

If user returns after account has been deleted from ZOYAP, then a new user registration should be followed..

SERVICE PROVIDER ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

To access and to participate in ZOYAP Platform, you will need to create a unique password-protected account ("Account"). Service Providers will get access to the platform by  registering for an account with ZOYAP Platform. ZOYAP uses Stripe Connect's Marketplace payment system.  During registration, Service provider will be asked to set up a Stripe Connect business registration account. Service Provider's will be asked to provide your business Bank Account, Routing Number, Tax ID, Date of Birth, Shop Name, Shop Address, Residential Address, Phone Number, Email Address etc.. The above details will be provided one time securely to Stripe Connect via an API provided by Stripe Connect. These payment details will be directly fed to Stripe Connect and will NOT BE STORED in any way or form by ZOYAP. Only after Stripe Connect verification of details is complete, a service provider will be allowed to register in ZOYAP. If there is some issue with info provided by service provider, then they will NOT be registered. A reason for NOT registering will be provided. Once its rectified Service provider can try to re-register again. As Stripe Connect API handles all payment/credit/debit card transactions, ZOYAP will not be accountable for any security breach, credit theft, stolen credit card details, stolen payment details, stolen bank records, stolen money, payment data breach, Data theft, account detail theft, account detail compromise..etc..

Zoyap uses Stripe Connect to save Service Provider's credit/debit card and other payment details for easier payment transaction. Stripe Connect will help Zoyap in recurring / non-recurring  bill pay / refund / Other transactions with Service provider. Again Zoyap will NOT STORE any payment details. Stripe Connect will facilitate Zoyap on all payment transactions via API calls. Registration will be only one time per user / Service provider. Payment details might need to be updated if any of the Service Provider/User details changes.

Apart from that, ZOYAP also collects details like Facilities, Gallery/Service/Shop/profile/personal Images, Ratings, Reviews,  Information about people working at your shop/ your own personal information [ Experience, Years of experience, specialization etc ], Service details, price /cost/rate of each service that you provide, social media details [ Facebook, Twitter, You Tube, Linkedin, Snapchat], website address, Awards & Certification details, Shop/Business/Personal License Numbers, address, contact number etc. These details will be available for users to know more about service providers. Registration will be one time per user / Service provider. Payment details might need to be updated if any of the Service Provider details changes. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your ZOYAP password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify ZOYAP immediately of any unauthorized use. ZOYAP is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of ZOYAP or others due to such unauthorized use.

Service provider is responsible for all the  profile pictures/images, gallery images and other images used by them in ZOYAP PLATFORM. Service Provider will take full responsibility to make sure the  content [images/videos/photos/text etc ] used by them for profile, gallery & service  are safe & proprietary to service provider. Any illegal, in appropriate, nude, graphic, sexually explicit, plagiarized or pornographic content [ Image, words, videos, notes etc ] will be removed by ZOYAP ADMIN from ZOYAP PLATFORM. ZOYAP Platform has all rights to remove any content or a service provider or a user at any time. Zoyap will take legal action by informing law enforcement on the any illegal, in appropriate, nude, sexually explicit or pornographic content.

ZOYAP will NOT be responsible for the Ratings and Reviews provided by the user. ZOYAP CANNOT make any changes to the reviews and ratings provided by user on a service provider. Rating and Reviews can only be edited by the user. Service Provider SHOULD NOT contact user regarding rating, review or for any other reasons after the service has been completed and the payment has been processed. Violating this rule will result in Service Provider being warned and removed from ZOYAP PLATFORM. ZOYAP has all rights to remove a service provider or a User from its PLATFORM. Service Provider should NOT sue a user for any negative reviews or ratings provided by the user.

When a service provider deletes his/her account, ZOYAP temporarily suspends & holds ZOYAP Service Provider accounts as well as request Stripe Connect payments to hold the data for few months [  Bank Account, Routing Number, Tax ID, Date of Birth, Shop Name, Shop Address, Residential Address, Phone Number, Email Address etc]. After few months, ZOYAP deletes the account but Stripe Connect will hold the account details for few years for tax purposes. This delay in deleting the account is just to make sure that  service providers are fully paid and there are no pending transactions / refunds between user / service provider and Zoyap platform..They will be removed from all mailing list, push notifications and future communications that they have signed up with ZOYAP after receiving delete request from Service Provider.

If the service provider returns after account has been deleted from ZOYAP, then a new service provider/vendor registration should be followed again like a new service provider registration.


YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, ZOYAP grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapx, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, excepx as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ZOYAP or its licensors, excepx for the licenses and rights expressly granted in these Terms.

Zoyap will NOT be responsible for any interaction in any which way or form between User and Service provider once User has started a class or User has started attending an event or User has started a course or User has started using the deal or User started using a service. Zoyap will not be involved in any issues between user & service provider, related to Refund dispute or no refund,  other disputes, dissatisfaction, Injury, complains, Security, fraud, un healthy environment, in-appropriate behavior, facility, instruments, sports gears, environment, travel, use of drugs, sexual assaults, violation, transportation, medicine, emergency, death etc.


PAYMENT REGISTRATION, BANK ACCOUNT, PAYMENT GATEWAY, CREDIT CARD DETAILS, PAYMENT, TRANSACTION

Stripe Connect  takes care of all ZOYAP marketplace transactions for users & service providers.

Stripe Connect takes care of all user credit card transactions.

ZOYAP uses Stripe Connect, as third party API's integrated in to ZOYAP.com for payment processing.

ZOYAP does not store any credit card details for both user and service provider.

Bank account & Tax ID details are needed from each service provider during registration. These details are used by Stripe Connect payments to process payments and deposit the amount in to their respective Bank Accounts provided by service providers.

Payment cannot be processed if service provider changes/modifies bank account & Tax ID. ZOYAP Customer support should be called to resolve these cases.

Payment will be processed and deposited in to service providers given bank account on Daily / weekly / Bi-Weekly basis.. Even if Zoyap releases payment to vendor on daily basis, Stripe Payment processing from Zoyap account to service provider accounts will be delayed anywhere from 3 to 10 Business days due to Bank involved delay.

Service Provider Payment details like [ Bank Account, Routing Number, Tax ID, Date of Birth, Shop Name, Shop Address, Residential Address, Phone Number, Email Address etc ] will be withheld by Stripe Connect payment system for few years to facilitate Tax purposes.

User credit card details will be withheld by Stripe Connect Payment system for few months to facilitate payment & return policies.


USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content [ User content includes  texts, ratings & reviews]. By making available any User Content on or through the Platform, you hereby grant to ZOYAP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapx, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, excepx that private messaging through the Platform will not be used by ZOYAP in public advertising. In the interest of clarity, the license granted to ZOYAP shall survive termination of the Platform or your Account.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to ZOYAP the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or ZOYAP's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that ZOYAP may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.

ZOYAP reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

SERVICE PROVIDER CONTENT

We may, in our sole discretion, permit you to populate, post, upload, publish, submit or transmit Service Provider Content [ Photos, Videos, Profile data, email, facility details, phone number, address, texts, ratings, reviews, youtube, twitter, linkedin and all other details that are part of ZOYAP service provider profile], related to your business. By making available any Service Provider Content on or through the Platform, you hereby grant to ZOYAP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapx, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Service Provider Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, excepx that private messaging through the Platform will not be used by ZOYAP in public advertising. In the interest of clarity, the license granted to ZOYAP shall survive termination of the Platform or your Account.

You acknowledge and agree that you are solely responsible for all Service Provider Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Service Provider Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to ZOYAP the rights in such Service Provider Content, as contemplated under these Terms; and (b) neither the Service Provider Content nor your posting, uploading, publication, submission or transmittal of the Service Provider Content or ZOYAP's use of the Service Provider Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that ZOYAP may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your Service Provider Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.

ZOYAP reserves the right, at any time and without prior notice to you, to remove or disable access to Service Provider Content / Service provider that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users or service providers, or for any other reason.

PROHIBITIONS

As a user and vendor of the Platform, you may not:

  • Use another person's Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without ZOYAP's prior written approval;
  • In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
  • Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. ZOYAP reserves the right to revoke these excepxions either generally or in specific cases;
  • Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempxs to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm ZOYAP or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
  • Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
  • Recruit, solicit, or contact in any form Service Members / Service Providers or Customer Members for employment or any other use not specifically intended by the Platform;
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  • Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of ZOYAP; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
  • Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-ZOYAP mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on ZOYAP, (b) offers to purchase a Service or any other service outside of ZOYAP, or (c) using a profile page or user name to promote services not offered on or through the Platform;
  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
  • Fail to perform Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
  • Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by ZOYAP;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
  • Agree to purchase a Service when you do not meet a Service Member's requirements;
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
  • Attempx to indirectly undertake any of the foregoing.
  • Use phishing attacks on/similar to our website zoyap.com to steal username/pwd/content or any other personal information or user / service provider.


ZOYAP USER FEES AND TAXES

In connection with use of ZOYAP's Platform, ZOYAP charges certain Fees ("ZOYAP Fees" or "Fees" or "Service Fees" ). ZOYAP / Stripe Connect [ May or May not ] put a hold of a small amount on Users credit card provided during registration [ Usually less than or equal to  $ 5]. This hold stays put when a user logs in and posts a service request.

This hold would be in place until user purchases a service by paying full price quoted by the service provider that user selects or until user cancels the service request  that user submitted or until user just browses and goes back without submitting the service request form. Sometimes this hold will show up for a period of 45 days or more..

This small hold usually less than or equal to $5 is to deter unwanted users from using Bots / scripxs for unwanted access to ZOYAP and to prevent hack attempx..User will be charged only when user purchases a service via ZOYAP from the service provider.. User will be charged for the whole amount quoted by the service provider that user selects. Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. ZOYAP may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the policy or support center. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit/debit card, PayPal, Stripe or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if ZOYAP cannot charge a credit/debit card, PayPal, Stripe or other payment method for any reason, ZOYAP reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by ZOYAP or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that ZOYAP may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on ZOYAP are final and non-refundable after the service has been rendered or the service start date and time has passed.


ZOYAP SERVICE PROVIDER FEES AND TAXES

In connection with use of ZOYAP's Platform, ZOYAP charges certain Fees ("ZOYAP Fees" or "Service Fees" or "Fees").

1. A monthly fee of $30

2. Zoyap Service Fee

3. Stripe Connect Fee

Monthly Fee

A monthly service fee of $30 [ suscepxible to change ] will be charged to the Service Provider's Bank Account or Credit/Debit Card [ Via Stripe ] for the service rendered by ZOYAP Platform. Every Service Provider who is registering to ZOYAP Platform is agreeing to Pay $30 every month, until Service Provider cancels his/her account. Once a Monthly fee has been charged to the Service Providers Bank Account or credit/debit card, the amount will NOT be refunded. Service Provider can use the service till the end of the month / pay period for which the service provider has paid. If there is a legal issue or Policy violation or for any other reason that ZOYAP finds service provider in-appropriate, then ZOYAP PLATFORM has all rights to remove the service provider from its platform. If Zoyap CANNOT collect monthly service fee of $30 then Zoyap platform has all rights to suspend the account until full payment is received.

Zoyap Service Fee & Stripe Connect Fee

When user pays for a service on Zoyap platform, then 2 fees will be collected before transferring the money to Service Provider.

       1. Zoyap Service Fee - This fee is for the service rendered by Zoyap Platform.

       2. Stripe Connect  Transaction fee - This fee is for payment service rendered by Stripe Connect to take care of payment distribution

ZOYAP charges a Zoyap service fee  anywhere from 5% to 30% (or) a flat fee of $5 to $500 of the cost of the service per appointment/class/deals/event/service booking. This service fee will be collected only when user picks a service providers quote and pays for it via his/her credit / debit card / paypal / Stripe.

Stripe Connect charges a transaction fee of [ (2.9% + 0.30 $ ) of total cost of Service/Class/Deals/Events ].

Zoyap pricing model might change frequently to fit User/Vendor/Zoyap needs. Zoyap reserves all rights to modify pricing at any time. A notification will be sent to your registered email address on the latest pricing changes..

Zoyap Services :

If service cost is less than $100 then Zoyap fee will be [ 10% of total cost of service + $0.99 ] - This includes Stripe connect fee of [ 2.9% + $ 0.30 ]

If service cost is greater than $100 then Zoyap fee will be [ $10 + Stripe connect fee ]

Zoyap Classes:

Every class has a platform list fee of $5

If class cost is less than $100 then our fee will be [ 10% of total cost of service + $0.99 ] - This includes Stripe connect fee of [ 2.9% + $ 0.30 ]

If class cost is greater than $100 then our fee will be [ $10 + Stripe connect fee ]

Zoyap Events:Every event has a platform list fee of $5

If event cost is less than $100 then our fee will be [ 10% of total cost of service + $0.99 ] - This includes Stripe connect fee of [ 2.9% + $ 0.30 ]

If event cost is greater than $100 then our fee will be [ $10 + Stripe connect fee ]

Zoyap Deals:

Every deal has a platform list fee of $5

Example:

1. Customer purchasing a service/class/event/deal for $200

2. Stripe Connect Fee [ 2.9% + 0.30 ] = $6.10

3. Zebyt Platform Service Fee - $10

4. Service Provider will be paid - $183.90 [ $200 - [ $10+$6.10 ] ]


When User selects a service provider for his/her service and pays the cost of the service, Stripe Connect payment will charge the users credit/debit card.

If Service Provider wants to get paid immediately with in 7 to 10 business days after the user has paid for the service, then service provider should agree for special refund policies  as described in below Refund Policy section. Sometimes, payment may be delayed due to transaction delays by service providers local bank where they hold an account.

Service Providers should provide detailed refund policies and other terms & conditions in the section allocated to them when posting for a service/class/deals/event.

Zoyap will send out yearly 1099 Tax provided by Stripe Connect to your registered email account. Its Service Providers responsibility to check with Zoyap if they had not received one at least 30 days before tax filing deadline. Zoyap should not be held accountable under any circumstances by service provider for tax payment delays..

Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. ZOYAP may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the policy or support center. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal, Stripe or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if ZOYAP cannot charge a credit card, PayPal, Stripe or other payment method for any reason, ZOYAP reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by ZOYAP or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that ZOYAP may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on ZOYAP are final and non-refundable.

REFUND POLICIES [ Read Carefully ]

USER / SERVICE PROVIDER REFUND POLICY UPON USER LATE SHOW / USER NO SHOW / USER LAST MINUTE APPOINTMENT CANCELATION / SERVICE PROVIDER LAST MINUTE CANCELATION / SERVICE PROVIDER INABILITY TO RENDER SERVICE

User should read Zoyap / Service Provider Terms & Conditions / Refund policies before purchasing a service / class / event / deals from a service provider. Once user agrees and purchases a service / class / event / deals then user should stick to those terms and conditions / policies.

Zoyap as a platform has its own Terms & Conditions / Refund policy.

Every purchase of a service / class / event / deals from a service provider has Zoyap  / Service Provider Terms & Conditions / Refund policy associated to it. By purchasing a service / class / event / deal from service provider, user agrees to Zoyap / Service Provider terms & conditions / refund policy as well.

Zoyap platform mandates refund policy for all services, events, classes and deals. Service providers when they post a service or events or class or deals should fill in the mandatory refund policy DATE field. Refund percentage always remains the same as 100% , 85% , 70% , 50% and cannot be changed.  Service providers should spend some time and do the math and carefully punch in the dates corresponding to the refund percentage. These dates along with percentage represent the amount that will be refunded to user until that date. Zoyap pre-populate the date based on few calculations.. But, service providers can always change/re-verify the date and check the $ value associated to it, that will be refunded to user. Plz play with the dates and check the $ refund value that fits you[service provider] needs. Once the quote for service/class/deal/event has been posted with specific refund policy, it cannot be altered again.

Zoyap serves as a platform or a facilitator in purchasing a service / class/ event / deal. Zoyap SHOULD NOT be held responsible for any reason regarding below issues.

       1. User NOT showing up for a service/class/event/deal as per appointment and asking for a refund

       2. User NOT sticking to service providers terms & conditions / Refund policy and asking for a refund

       3. User NOT satisfied with service and asks for a refund after getting the service or attending the class or using the deal or after attending  the event

       4. Service Provider cancelling a service due to un forceable reasons

       5. Service Provider sticking to their policy and NOT providing a refund ( Should be settled with service provider NOT with Zoyap )

       6. Service Provider cancelling service and NOT providing refund

       7. User suing a service provider

       8. Service Provider suing a user

       9. Service provider charging a late fee or a fine or a penalty

       10. Service provider cancelling one class / all classes or an event organizer cancelling an event or a service provider not honoring a deal or a service provider not honoring a service. User / Service provider should discuss and find a solution.

       11. Users complaining about the quality / cost / non-availability of used products.


Zoyap platform will charge User & Vendor a small service fee to refund. This service fee is to cover charges 2.9% + 0.30$ imposed by Stripe Connect.

When a user initiates a refund, Zoyap returns the amount paid by user deducting the service fee imposed by Stripe Connect. This Zoyap refund fee is rounded to nearest 5$. Look at the Zoyap terms & conditions for each service offered by Zoyap Platform. Zoyap does the same with service provider as well by rounding to nearest 5$ as zoyap service fee on refunds to cover Stripe Connect costs.

Zoyap will NOT be responsible for a service provider cancelling one class / all class or an event organizer cancelling a full / partial event or a service provider not honoring a single or all deal or a service provider not honoring one service or all services. User's & Service Providers should interact between each other and find out an alternative or a solution or an refund scenario. Zoyap will not be mediating in any which way of form. Zoyap will help in initiating refund to user's but the refunds might be either full or partial based on service provider terms and condition / refund policy. Zoyap has no right to influence a service provider on refunds. Zoyap platform is just a facilitator.


Zoyap will NOT be responsible for any interaction in any which way or form between User and Service provider once User has started a class or User has started attending an event or User has started a course or User has started using the deal. Zoyap will not be involved between users & Service Providers in any details related to Refund, dispute, dissatisfaction, Injury, complains, Security, fraud, un healthy environment, in-appropriate behavior, facility, instruments, sports gears, environment, travel, use of drugs, sexual assaults, violation, transportation, medicine, emergency, death etc.


DISPUTES BETWEEN OR AMONG USERS

ZOYAP values our Service Providers and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Provider or a Customer/user cannot be resolved independently, you agree, at ZOYAP's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by ZOYAP or a neutral third party mediator or arbitrator selected by ZOYAP. Notwithstanding the foregoing, you acknowledge and agree that ZOYAP is under no obligation to become involved in or impose resolution in any dispute between or among users or service providers or any third party. Also Zoyap will NOT accepx any financial responsibility nor pay any kind of legal fee to any party [ user/service provider / third party]. Zoyap will just act as a facilitator.

INTELLECTUAL PROPERTY RIGHTS

ZOYAP Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Excepx as expressly provided in these Terms, ZOYAP and its licensors exclusively own all right, title, and interest in and to the Platform and ZOYAP Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of ZOYAP used herein are trademarks or registered trademarks of ZOYAP. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK/REVIEW/RATING

You acknowledge and agree that all feedback, comments, discussions, emails, notifications, messages, questions, ratings, reviews and suggestions ("Feedback""reviews""ratings") you [ Both user's & service provider's] provide to/in/from ZOYAP Platform are the sole and exclusive property of ZOYAP. You hereby irrevocably assign to ZOYAP all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. ZOYAP shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipx of any Feedback. By sending or otherwise transmitting Feedback to ZOYAP, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform. The Feedback/ Ratings/ comments/discussions/emails/notifications/messages/questions/suggestions & Review that user/service provider provide will remain in ZOYAP system and will be visible to everyone even if the user / Service provider has been deleted, removed or permissions revoked or suspended..

COPYRIGHT POLICY

We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user / service provider who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our copyright policy for more information.

NO ENDORSEMENT

ZOYAP does not endorse any Member, user or any service providers /  Services, and ZOYAP is not a party to any agreements between or among users, service providers/ Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling, payment or other services. Neither ZOYAP nor any Service providers or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members [ Users & service providers] are required by these Terms to provide accurate information, and although ZOYAP may undertake additional checks in the future and processes designed to help verify or check the identities or backgrounds, we do not make any representations about, confirm, or endorse any user/service provider or their purported identity or background, regardless of the specific ZOYAP services they are using or any involvement by ZOYAP personnel in providing or scheduling those services. At Present ZOYAP does not perform any background checks of any user / Service Provider  or Business or other personal registered with ZOYAP.

Any reference on the Platform to a user/service provider being licensed or credentialed in some manner, or "badged," "best of," "top," or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such descripxion is not an endorsement, certification or guarantee by ZOYAP and is not verification of their identity and whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such descripxion is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user /service provider. ZOYAP is not responsible for any loss/damage/deceit or harm resulting from your interactions with other users/service providers.

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by ZOYAP. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempx to impose liability on or seek any legal remedy from ZOYAP with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, ZOYAP may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you [ User/Service Provider ]and ZOYAP, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your ZOYAP Account [ User / Vendor / Service Provider accounts ] in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from ZOYAP support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by deleting your account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any ratings/reviews/feedback.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You [ User/Service Provider ] and ZOYAP agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with ZOYAP as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach ZOYAP's support department at Support@zoyap.com. The parties agree to use their best efforts to settle any dispute, claim, refunds, question, or disagreement directly through consultation with the ZOYAP support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of Three Hundred (300) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance,refunds and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a descripxion of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at 19608 Pruneridge Avenue # 6309, Cupertino, CA 95014, ATTN: Legal.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ZOYAP will pay the additional cost to a limit of $3000. If the arbitrator finds the arbitration to be non-frivolous, ZOYAP will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses, provided your claim does not exceed $5,000. You are responsible for your own attorneys' fees.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For residents outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and ZOYAP agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND ZOYAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Excepxion: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

10-Day Right to Opx Out: You have the right to opx out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on ZOYAP) written notice of your decision to opx out to legal@ZOYAP.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within ten (10) days of your first use of the Platform, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opx out of these arbitration provisions, Then ZOYAP will terminate / suspend your account immediately. ZOYAP has all rights to terminate or suspend or remove any user / service provider account at any time.

Changes to This Section: ZOYAP will provide notice of any changes to this section by posting on the Platform or sending you an email. Amendments will become effective immediately they are posted on ZOYAP.com or sent to you by email. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.

GOVERNING LAW

The Terms and the relationship between you [ User / Service Provider ] and ZOYAP shall be governed in all respects by the laws of the state of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against ZOYAP that is not subject to arbitration must be resolved by a court located in San Francisco County, San Francisco, California, or a United States District Court, Northern District of California, located in San Francisco, California, excepx as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ZOYAP DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER/VENDOR CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZOYAP AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. ZOYAP MAKES NO WARRANTY THAT THE PLATFORM OR SERVICE PROVIDERS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZOYAP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR PAYMENT DETAILS OR USE OF THE PLATFORM. ZOYAP SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. ZOYAP SHALL NOT BE LIABLE FOR ANY SECURITY BREACH, CREDIT CARD FRAUD, IDENTITY THEFT, CREDIT/DEBIT CARD THEFT, LICENSE MISUSE, IMAGE/CONTENT MISUSE FOR BOTH USER AND VENDOR. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZOYAP OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OR SERVICE PROVIDERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT ZOYAP DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES / SERVICE PROVIDERS. ZOYAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS/SERVICE PROVIDER OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS/SERVICE PROVIDERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS/SERVICE PROVIDERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. ZOYAP EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES. ZOYAP WILL NOT BE RESPONSIBLE FOR ANY USER / VENDOR INTERACTIONS BETWEEN EACH OTHER OUTSIDE OF THIS PLATFORM. ZOYAP WILL NOT TAKE ANY RESPONSIBILITY FOR ANY OUTCOME AS A RESULT OF MEETING/INTERACTING OUTSIDE OF THIS ZOYAP PLATFORM.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS /SERVICE PROVIDERS OF ZOYAP OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ZOYAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZOYAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL / PSYCHOLOGICAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS/SERVICE PROVIDERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICESS OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF ZOYAP AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS/SERVICE PROVIDERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ZOYAP BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold ZOYAP and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User/Service Provider Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipx or offer or provision of Services by you [ User/Service Provider], including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.

GENERAL

Force Majeure: Other than payment obligations, neither ZOYAP nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries: You agree that, excepx as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent: You agree that ZOYAP may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform or on Mobile App or Text notification or just app notification. On every occasion by signing in Zoyap, you [ User & Vendor ] agree to the present/current terms and conditions and privacy policy. With your consent, ZOYAP or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from ZOYAP or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@ZOYAP.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@ZOYAP.com with contact information and the address for delivery.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by ZOYAP on the Platform, shall constitute the entire agreement between you [ User / Service Provider ] and ZOYAP concerning the Platform or Services obtained through the Platform. Excepx as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of this Terms shall be deemed a further or continuing waiver of such term or any other term, and ZOYAP's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You [ User / Service Provider ] agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within 6 Months after the cause of action accrues. Otherwise, such cause of action is permanently barred.