Zelle Network® User Service Agreement
Updated: MAY 10, 2023
THIS SERVICE AGREEMENT APPLIES TO USERS ENROLLED IN THE SERVICE DIRECTLY WITH ZELLE® FOR ACCOUNTS NOT HELD AT A NETWORK FINANCIAL INSTITUTION
YOU MUST AGREE TO THESE TERMS TO ENROLL FOR THE SERVICE PROVIDED BY THE ZELLE NETWORK® AND DESCRIBED BELOW. BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE TERMS OF THE ZELLE® APP PRIVACY NOTICE (THE “PRIVACY NOTICE”) REFERENCED IN SECTION 5 OF THESE TERMS AND THE ZELLE NETWORK’S E-SIGN DISCLOSURE AND CONSENT (THE “E-SIGN CONSENT”). THESE TERMS, ALONG WITH THE PRIVACY NOTICE AND E-SIGN CONSENT (COLLECTIVELY, THE “AGREEMENT”), GOVERN YOUR USE OF THE SERVICE AND AFFECT YOUR LEGAL RIGHTS, INCLUDING REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES (see Section 26). PLEASE READ THEM CAREFULLY.
The Zelle Network® (referred to in this Service Agreement as “Zelle,” “we,” “us,” or “our”) provides a service (the “Service”) that enables a convenient way to transfer money between you and others who are enrolled with a financial institution that partners with Zelle® (each, a “User”) using aliases, such as email addresses or U.S. mobile phone numbers. We refer to financial institutions that have partnered with us to offer the Service as “Network Financial Institutions.”
THE SERVICE IS INTENDED TO SEND MONEY TO FRIENDS, FAMILY AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE SERVICE TO SEND MONEY TO RECIPIENTS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST.
Zelle Network® User Service Agreement – For Accounts Not Held at a Network Financial Institution
1. Description of Service
- Zelle® provides no deposit account or other financial services. You may not establish a financial account with Zelle® of any kind. Zelle® does not transfer the money. All money will be transferred by a Network Financial Institution.
- Your use of the Service will be subject to the terms and conditions of this Service Agreement, unless you are using the Service through your Network Financial Institution. The transfer of money that you send or receive by using the Service is also subject to the terms and conditions of your account agreement with your financial institution
2. Eligibility and User Profile; Amendments to this Service Agreement
To be a User, you must (a) enroll with a U.S. address, email address and U.S. mobile phone number, and (b) have a personal, not a business or commercial, debit card issued in conjunction with a U.S. domestic (not including U.S. territories) checking or savings account by a financial institution that is a member of the Visa® or MasterCard® network and has the ability to receive money in minutes*, and your financial institution must permit electronic funds transfers to and from that account. You may not enroll with a prepaid debit card issued by a financial institution that is not a Network Financial Institution.
*Typically, when sending and receiving money with Zelle®, if the recipient is already enrolled, the money will be available in minutes. Some debit cards are not able to receive money in minutes. Those debit cards cannot be used with Zelle®. More and more banks and credit unions are enabling their debit cards to have the ability to receive money in minutes, so if your debit card is not currently eligible, it may work in the future.
When you enroll to use the Service you agree to the terms and conditions of this Service Agreement.
You represent that (a) you are at least 18 years of age, (b) you have the authority to authorize debits and credits to the enrolled bank account, and if applicable, (c) you are the authorized holder of the enrolled debit card.
You agree that you will not use the Service to send money to anyone to whom you are obligated for tax payments, payments made pursuant to court orders (including court-ordered amounts for alimony or child support), fines, payments to loan sharks, gambling debts or payments otherwise prohibited by law, including without limitation, the prohibited uses described in Section 3 below, and you agree that you will not use the Service to request money from anyone for any such payments. You agree that you will not authorize a third party to use the Service or share your credentials with a third party to use the Service on your behalf except in legally authorized situations such as legal guardianship or pursuant to a power of attorney. We reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service in a manner that exposes Zelle® and/or the Network Financial Institutions to liability, reputational harm or brand damage.
When you enroll with Zelle®, you may establish one or more profiles. Each profile may be created with one or more aliases, such as your U.S. mobile phone number and/or email address; however, only one bank account and/or debit card may be linked to a profile. You may not establish more than one profile with the same U.S. mobile phone number or email address, and you may not link more than one bank account or debit card to a particular U.S. mobile phone number or email address. When you enroll with Zelle®, we will link the U.S. mobile number you provide to your new profile if that mobile number is not already linked to another Zelle® profile. Other Users may send money to you or request money from you using that U.S. mobile number. If the email address that you provide when you enroll is not already linked to another profile that you may have enrolled with Zelle® then we will also link that email address to your new profile so that others may send money to and request money from you using your email address.
Subject to applicable law, Zelle® may amend or change this Service Agreement (including any applicable fees and service charges) from time to time, in its sole discretion, by posting the updated terms on the Zelle® mobile app and at zellepay.com (each referred to individually or collectively as, the “Site”). Please access and review this Service Agreement regularly. If you find the Service Agreement unacceptable to you at any time, promptly cancel your profile and enrollment with Zelle® and immediately discontinue your use of the Service. Your continued access of the Zelle® Site or use of the Service after any amendment, modification or change to the terms and conditions of this Service Agreement shall constitute your agreement and acceptance to such amendment, modification or change.
3. Prohibited Uses
The Service is intended for personal, not business or commercial use. You agree that you will not use the Service to send or receive payments in connection with your business or commercial enterprise. We reserve the right to decline your registration if we believe that you are enrolling to use the Service with your business account or to receive business or commercial payments. We further reserve the right to suspend or terminate your use of the Service if we believe that you are using the Service for business or commercial purposes, or for any of the uses identified directly below. Please note that eligible small businesses are permitted to enroll to use Zelle® at certain Network Financial Institutions.
You agree that you will not use the Service to request, send or receive money related to any of the following:
- Pharmaceuticals and other controlled substances;
- Illegal drugs;
- Drug paraphernalia;
- Firearms, ammunition or other weapons;
- Sexually oriented activities or materials;
- Obscene or offensive activities or materials;
- Materials or activities that promote intolerance, violence or hate;
- Ponzi or pyramid schemes;
- Illegal gambling, gaming, lotteries or sweepstakes;
- Court-ordered alimony or child support payments;
- Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins;
- Counterfeit materials;
- Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of Zelle®, a Network Financial Institution, another User or any other third party;
- Terrorist funding;
- Money laundering; or
- Any other illegal activity or unlawful purpose.
4. Consent to Use and Disclose Personal Information (Including Account Information)
By accepting this Service Agreement, you consent to Zelle® using and disclosing your personal information (including bank account information) to our Network Financial Institutions or other third parties for the following purposes:
- to prevent, detect, and protect against security incidents, fraud, and prohibited or illegal activities;
- to perform services (for us or our service providers) such as account servicing, providing customer service, fulfilling transactions, verifying consumer information, providing analytic services;
- for internal research for technological improvement;
- for internal operations;
- to verify the existence of your financial account;
- to enforce our terms and conditions;
- to research and resolve issues related to transactions you sent or received;
- to debug to identify and repair errors that impair existing intended functionality;
- to facilitate transactions, including enabling our bank and credit union partners to complete money transfers between their customers and you;
- to notify you, by text or email, of a pending money transfer or a request for payment;
- to facilitate your enrollment and resolve issues relating to your enrollment;
- to verify your identity;
- to verify changes you’ve made to your personal information;
- to create and deliver marketing communications to you about Zelle®;
- to create, develop, operate, deliver, maintain, and improve our products and services;
- for legal compliance;
- to respond to your requests and comply with your stated communication preferences;
- to provide you with a safe, efficient, and customized experience;
- for authentication;
- to provide other services you request;
- for other one-time uses; and
- as otherwise permitted by the terms of our Privacy Notice.
You agree that if you enroll for the Service using your debit card, Zelle® may use the information that you provide to access your bank account information for the purpose of facilitating payment transactions.
Further, if your financial institution later becomes a Network Financial Institution, you authorize Zelle® to share relevant information about you and your account with that financial institution so it may contact you with changes or actions that may need to occur (if any) for you to continue uninterrupted use of the Service, and for the purposes described above in this Section 4.
Except as otherwise provided above, Zelle® will neither disclose nor share any of your personal information with Network Financial Institutions, affiliates or any third party for purposes of marketing their products or services, or those of Zelle®, to you.
5. Privacy and Information Security
Zelle® makes security and the protection of your information a top priority. You can access our Zelle® App Privacy Notice at https://www.zellepay.com/legal-and-privacy, which is incorporated into and made a part of this Service Agreement by this reference.
6. Enrolling with Zelle®
- To participate as a User, you must first enroll with Zelle®. You must provide Zelle® with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses), a U.S. mobile phone number that you intend to use for an extended period of time (i.e., no “burner” numbers), and we will ask you to provide your mailing address. You may not enroll in the Service with a landline phone number, Google Voice number, or Voice over Internet Protocol.
- You must enroll for the Service on the Zelle® mobile app through your mobile device.
- Zelle® requires you to use an email address or U.S. mobile number as your username for access and to establish a password that meets the security requirements described on our Site.
- At enrollment, Zelle® will collect information from you necessary to verify your identity, which Zelle® will do to protect you, itself, the Network Financial Institutions, and other financial institutions where you or the individual that you are receiving money from or sending money to holds an account, from fraud and to comply with applicable laws. Zelle® reserves the right to deny your enrollment or request additional information from you if you do not provide this information, if Zelle® cannot verify your identity or your bank account and/or debit card information, or if Zelle® has concerns about fraud or security.
- Zelle® also may request additional information about you from time to time. Zelle® may cancel or suspend your enrollment or block a transaction if you do not provide this information, if Zelle® cannot verify your identity with the information you provide, or if Zelle® has concerns about fraud or security.
- Once enrolled:
- You may authorize a debit of your account to send money to a User that is enrolled as a customer of a Network Financial Institution (including in response to a request of that customer); however, there are a limited number of Network Financial Institutions that may not be able to accept money from certain debit cards issued by financial institutions that are not Network Financial Institutions. YOU MAY NOT SEND MONEY TO A USER THAT IS ENROLLED AS A CUSTOMER OF A FINANCIAL INSTITUTION THAT IS NOT A NETWORK FINANCIAL INSTITUTION.
- You may receive money from a User that is enrolled as a customer of a Network Financial Institution. YOU MAY NOT RECEIVE MONEY FROM A USER THAT IS ENROLLED AS A CUSTOMER OF A FINANCIAL INSTITUTION THAT IS NOT A NETWORK FINANCIAL INSTITUTION.
- Once enrolled, a Z logo will appear on your profile for each U.S. mobile number and/or email address that you have enrolled with Zelle®. The Z logo will be displayed to other Users to aid them in determining which of your U.S mobile numbers or email addresses should be used to send money with Zelle®. If a User sends you money using a different U.S. mobile number or email address that they may have for you (one that is not already enrolled), you will receive a message with instructions on how to enroll with Zelle®.
- If at any time while you are enrolled, you do not send or receive money using the Service for a period of 18 consecutive months, we may contact you and/or take other steps to confirm that the U.S. mobile phone number or email address that you enrolled still belongs to you. If we are unable to confirm that you are the owner of the U.S. mobile phone number or email address, then you understand that we may cancel your enrollment and you will not be able to send or receive money with the Service until you enroll again.
7. Consent to Emails and Automated Text Messages.
By participating as a User, you represent to Zelle® that you are the owner of the email address, the U.S. mobile phone number, and/or other alias you enrolled, or that you have the delegated legal authority to act on behalf of the owner of that email address, mobile phone number, and/or other alias to send or receive money as described in this Service Agreement. You consent to the receipt of emails or text messages from Zelle®, other Users that are sending you money or requesting money from you, and the Network Financial Institutions or their agents regarding the Service or related transfers between Network Financial Institutions and you. You agree that Zelle®, the Network Financial Institutions, or their respective agents may use automatic telephone dialing systems in connection with calling or text messages sent to any mobile phone number you enroll. You further acknowledge and agree:
- You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service. Please check your mobile service agreement for details or applicable fees as Message and Data rates may apply.
- You will immediately notify us if any mobile phone number or email address you have enrolled is (i) surrendered by you, or (ii) changed by you.
- In the case of any messages that you may send through Zelle® or that Zelle® may send on your behalf to an email address or mobile phone number, you represent to Zelle® that you have obtained from the recipient of such emails or automated text messages consent to send such emails or text messages. You understand and agree that any emails or text messages that Zelle® sends on your behalf may include your name.
- Your wireless carrier is not liable for any delay or failure to deliver any message sent to or from Zelle®, including messages that you may send through Zelle® or that Zelle® may send on your behalf.
- To cancel text messaging from Zelle®, send STOP to 1-855-589-7541 or 1-844-445-9584. For help or information regarding text messaging, send HELP to 1-855-589-7541 or 1-844-445-9584 or contact Zelle® customer service at 1-844-428-8542. You expressly consent to receipt of a text message to confirm your “STOP” request.
8. Wireless Operator Data
9. Receiving Money; Money Transfers by Network Financial Institutions
Once a User initiates a transfer of money to your email address or U.S. mobile phone number enrolled with the Service, you have no ability to stop the transfer. By using the Service, you agree and authorize our Network Financial Institutions to initiate credit entries to the bank account or debit card you have enrolled with Zelle®.
Most transfers of money to you from other Users will occur within minutes. There may be other circumstances when the payment may take longer. For example, in order to protect you, Zelle® and the Network Financial Institutions, Zelle® may need additional time to verify your identity or the identity of the person sending the money. We may also delay or block the transfer to prevent fraud or to meet our regulatory obligations. There may also be situations where the payment may be delayed or not reach you due to a technical reason (e.g., failed payment, outage, etc.). In these circumstances, the payment may take up to 48 hours (excluding weekends and holidays) or the sender may need to initiate a new transfer.
10. Sending Money; Debits by Network Financial Institutions
You may send money to another User at your initiation or in response to that User’s request for money. You understand that use of this Service by you shall at all times be subject to (i) this Service Agreement, (ii) your express authorization for a Network Financial Institution to initiate a debit entry to your bank account, and (iii) the terms and conditions of your account agreement with your financial institution. You understand that when you send the payment, you will have no ability to stop it. You may only cancel a payment if the person to whom you sent the money has not yet enrolled in the Service with the email address or U.S. mobile number to which you initiated the payment. If the person you sent money to has already enrolled with Zelle® with the email address or U.S. mobile number to which you initiated the payment, the money is sent directly to their bank account (except as otherwise provided below) and may not be canceled or revoked. We therefore recommend that you use the Service to send money only to people you know and trust.
In most cases, when you are sending money to another enrolled User, the transfer will occur in minutes; however, there are circumstances when the payment may take longer. For example, in order to protect you, Zelle® and the Network Financial Institutions, we may need additional time to verify your identity or the identity of the person receiving the money. There may also be situations where funds were debited from your account, but do not reach the intended recipient for some other technical reason (e.g., failed payment, outage, etc.). In these circumstances, please allow up to 48 hours for the funds to reach the intended recipient or to be returned.
If you are sending money to a recipient that has not enrolled the email address or U.S. mobile number to which you initiate the payment with Zelle®, either in the Zelle® mobile app or with a Network Financial Institution, Zelle® will send that intended recipient an invitation to enroll. If that recipient is also not a customer of a Network Financial Institution, or if the recipient does not accept the invitation to enroll, then the money will not be sent and it may take up to 15 days for the money to be returned to your account.
You understand and acknowledge that a person to whom you are sending money and who is not enrolled as a User may fail to enroll with Zelle®, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed or the transfer may be blocked by Zelle® to prevent fraud or comply with regulatory requirements. If Zelle® delays or blocks a transfer that you have initiated, Zelle® will notify you in accordance with your notification preferences (i.e. email, text message, in-app notification). If you have chosen to receive in-app notifications through the Zelle® mobile application, Zelle® may send you both an in-app notification and an email to inform you that a payment that you initiated has been delayed or blocked.
Zelle® has no control over the actions of other Users, the Network Financial Institution or other financial institutions that could delay or prevent your money from being delivered to the intended User.
11. Liability for Sending and Receiving Money
Neither Zelle® nor the Network Financial Institutions shall have any liability to you for any transfers of money, including without limitation, (i) any failure, through no fault of Zelle® or the Network Financial Institutions, to complete a transaction in the correct amount, or (ii) any related losses or damages. We recommend that you send money only to friends, family and others that you know and trust.
Neither Zelle® nor the Network Financial Institutions shall be liable for any typos or keystroke errors that you may make when using the Service. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ENTERING THE CORRECT U.S. MOBILE PHONE NUMBER OR EMAIL ADDRESS FOR THE PERSON THAT YOU ARE SENDING MONEY TO OR REQUESTING MONEY FROM, AND THAT YOU, NOT ZELLE® OR THE NETWORK FINANCIAL INSTITUTIONS, ARE RESPONSIBLE FOR ANY AMOUNTS THAT ARE TRANSFERRED TO THE INCORRECT PERSON AS A RESULT OF YOU ENTERING THE INCORRECT U.S. MOBILE NUMBER OR EMAIL ADDRESS.
You acknowledge that neither Zelle® nor the Network Financial Institutions shall have any liability for your failure to comply with the terms and conditions of your account agreement with your financial institution.
THE SERVICE IS INTENDED FOR SENDING MONEY TO FAMILY, FRIENDS AND OTHERS YOU TRUST. YOU SHOULD NOT USE THE ZELLE® SERVICE TO SEND MONEY TO PERSONS WITH WHOM YOU ARE NOT FAMILIAR OR YOU DO NOT TRUST. ZELLE® DOES NOT OFFER A PROTECTION PROGRAM FOR AUTHORIZED PAYMENTS MADE WITH THE SERVICE (FOR EXAMPLE, IF YOU DO NOT RECEIVE THE GOODS OR SERVICES THAT YOU PAID FOR, OR THE GOODS OR SERVICES THAT YOU RECEIVED ARE DAMAGED OR ARE OTHERWISE NOT WHAT YOU EXPECTED).
12. Limitations on Transfers: Send and Receive Limits
As a customer of a financial institution that is not a Network Financial Institution, Zelle® will limit the amounts you can send to or receive from another User enrolled as a customer of a Network Financial Institution. When using the Service you may send no more than $500 per week and receive no more than $5,000 per week with no limit on the number of transactions. Zelle® may, in its discretion, determine that you qualify for higher limits on the dollar amount of transactions. Send and receive limits are not increased or decreased at the request of Users. In the event that your send transfer exceeds a limit, you will be informed of the allowable amount you can send at that time
13. Requesting Money
You may request money from another User. You understand and acknowledge that Users to whom you send payment requests may reject or ignore your request. Zelle® does not guarantee that you will receive money from other Users by sending a payment request, or that you will receive the amount that you request. Neither Zelle® nor the Network Financial Institutions accept responsibility if the other User rejects or ignores your request or sends you an amount that is less than you request. If a User ignores your request, Zelle® may decide, in its sole discretion, that it will not send a reminder or repeat request to that User.
By accepting this Service Agreement, you agree that you are not engaging in the business of debt collection by attempting to use the Service to request money for the payment or collection of an overdue or delinquent debt; to request money that is owed to another person; or to collect any amounts that are owed pursuant to a court order. You agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and the Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of any request for money that you send that is related to overdue or delinquent amounts.
You agree to receive money requests from others and to only send requests for legitimate and lawful purposes. Requests for money are solely between the sender and recipient and may not be reviewed or verified by Zelle® or the Network Financial Institutions except as otherwise allowed by this Service Agreement. Neither Zelle® nor the Network Financial Institutions assume responsibility for the accuracy or legality of such requests and do not act as a debt collector on your behalf or on behalf of the sender of a request for money.
We reserve the right, but assume no obligation, to terminate your ability to send requests for money in general, or to specific recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
14. Transaction Errors
If you have a question about a transfer that you received or expected to receive, then you should contact the sender first and attempt to resolve the issue. ALL QUESTIONS ABOUT TRANSFERS THAT YOU INITIATED USING THE SERVICE SHOULD FIRST BE DIRECTED TO ZELLE® AND THEN TO THE FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT.
We will not send you a periodic statement listing transfers facilitated through Zelle®. Those transfers will appear only on the statement issued by your financial institution. PLEASE RETAIN THE RECORDS FROM YOUR USE OF THE SERVICE AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION.
In case of errors or questions about your transactions facilitated through Zelle®, please contact us by telephone at 1-844-428-8542 or by e-mail at firstname.lastname@example.org; or write to us at 5801 N. Pima Rd. Scottsdale, AZ 85250, Attn: ZELLEPAY as promptly as you can. We must hear from you no later than 90 days after you received the first statement or receipt upon which the problem or error appeared. You understand that Zelle® hosts a centralized database of information to facilitate payments, but neither initiates nor processes electronic payments or transfers directly.
- Tells us your name and the email address or U.S. mobile phone number you enrolled with Zelle®.
- Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
- If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
- Zelle® maintains a database of information and through the Service provides the Network Financial Institutions with information necessary to facilitate the transfer of money (“Messages”); however, Zelle® neither transfers, moves nor initiates the transfer or movement of money. Zelle® will determine whether there is an error in the database or whether an error occurred in the delivery of a Message related to the transaction and will correct any error promptly. If Zelle® determines that no error occurred in the database or the Message, then Zelle® will work with the Network Financial Institution that initiated the transfer to assist with the investigation of your claim. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly.
- We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
- For the purpose of this Service Agreement, “business days” means Monday through Friday, excluding federal banking holidays.
15. Your Liability for Unauthorized Transfers
Please immediately call Zelle® at 1-844-428-8542 or write to the address above in Section 14 if:
- YOU BELIEVE THAT YOUR ZELLE® PASSWORD HAS BEEN STOLEN.
- THE MOBILE DEVICE THAT YOU HAVE USED TO ENROLL IN THE ZELLE® MOBILE APP HAS BEEN LOST OR STOLEN. (FOR YOUR PROTECTION, WE RECOMMEND THAT YOU MAKE SURE YOU HAVE ENABLED A PASSWORD, FINGERPRINT OR FACIAL RECOGNITION ON YOUR MOBILE DEVICE.)
- YOU BELIEVE THAT A TRANSFER OF MONEY HAS BEEN MADE FROM YOUR ENROLLED BANK ACCOUNT USING THE SERVICE WITHOUT YOUR PERMISSION.
- AN UNAUTHORIZED PERSON HAS DISCOVERED YOUR ZELLE® PASSWORD OR ACCESSED THE ZELLE® MOBILE APP ON YOUR MOBILE DEVICE AND MAY TRANSFER MONEY FROM YOUR ENROLLED BANK ACCOUNT USING THE ZELLE® MOBILE APP WITHOUT YOUR PERMISSION.
- You need more information about a money transfer using the Service.
IF YOU BELIEVE THAT THE SERVICE HAS BEEN USED TO MAKE AN UNAUTHORIZED WITHDRAWAL FROM YOUR BANK ACCOUNT, OR IF YOUR BANK STATEMENT OR TRANSACTION RECORD REFLECTS AN ERROR IN A MONEY TRANSFER USING THE SERVICE, CONTACT YOUR FINANCIAL INSTITUTION IN ADDITION TO ZELLE®. FAILURE TO NOTIFY YOUR FINANCIAL INSTITUTION DIRECTLY AND PROMPTLY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.
Telephoning is the best way of keeping your possible losses down. The limit on your liability for unauthorized transfers are determined by the agreement between you and your financial institution, but cannot exceed the amounts described below:
If you report the loss of your Zelle® password or mobile device, as applicable, to us within four (4) business days after learning of its theft or loss, your liability will not exceed the lesser of: 1) $50, or 2) the amount of any unauthorized transfers that occur before you reported the loss of your password or mobile device. If you fail to report the loss of your password or mobile device within four (4) business days then your liability may not exceed the lesser of: 1) $500, or 2) the sum of either $50 or the amount of unauthorized transfers that occur before you reported the loss of your password or mobile device (whichever is less), plus the amount of unauthorized transfers that occur after the four (4) business days and before you reported the loss of your password or mobile device, if those unauthorized transfers would not have occurred if you had reported the loss.
16. Liability for Failure to Complete Transfers
Zelle® and the Network Financial Institutions have no liability for your losses or damages:
- If, through no fault of Zelle®, the sender does not properly complete the transfer to your account.
- If, through no fault of Zelle®, your account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft protection for such account.
- If, through no fault of Zelle® or the Network Financial Institutions, the person that you are sending money to does not receive the email or text message containing a payment notification with instructions to enroll with Zelle®.
- If the Service or Network Financial Institution’s services weren't working properly and the sender knew about the malfunction when the sender initiated the transfer.
- If the financial institution holding your account mishandles or delays processing or posting a transfer facilitated by the Service.
- If circumstances beyond our control (such as fire or flood) prevented the transaction or transfer, despite reasonable precautions we've taken.
The list of examples set out in this Section is meant to illustrate circumstances under which Zelle® would not be liable for a transfer not being completed and is not intended to list all of the circumstances where Zelle® would not be liable.
17. Correcting your Account Information
THIS SECTION APPLIES TO YOU AS A CUSTOMER OF A FINANCIAL INSTITUTION THAT IS NOT A NETWORK FINANCIAL INSTITUTION. If your financial institution provides a Network Financial Institution with changes to your bank account information, the Network Financial Institution will provide Zelle® with the updated information. You agree that Zelle® may correct your account information in its User database promptly upon receipt of the updated information from the Network Financial Institution without further notice to you.
Zelle® charges no fees for your use of the Service to complete transfers between Network Financial Institutions and you. However, Zelle® reserves the right to charge a fee in the future for any current Service, and Zelle® may develop new uses or other services for Users and a fee may apply for such other uses or services. You will be notified in advance of any fees in accordance with Section 2 above. Fees, when applicable, will be displayed prior to each use of Service. Please note that Zelle® has no responsibility for any fees that your financial institution or your mobile carrier may charge you in connection with your transactions through Zelle®.
19. Use of Our Site
You may cancel your use of the Service at any time by notifying Zelle® of your intent to cancel by calling us at 1-844-428-8542. Canceling your use of the Service means Zelle® will inactivate your profile and login on our mobile app, and the email address or mobile number that you enrolled will no longer be eligible to send or receive money. At the time you instruct Zelle® to cancel your use of the Service, any transfers in process using the Service will be completed to or from your bank account that was associated with your profile, but no new transfers will be initiated to or from that bank account through Zelle®. You must re-enroll with Zelle®, or enroll with one of the Network Financial Institutions where you are a customer, to receive any subsequent payments sent to you after you cancel your use of the Service. Upon cancelling your use of the Service, we may retain your information in accordance with our Privacy Notice and as may be required to comply with applicable law.
21. Zelle® Right to Terminate Access
Subject to applicable law, Zelle® may terminate or suspend this Service Agreement and your use of the Zelle® mobile app and Service, in whole or in part, at any time for any reason without cause and without prior notice. Any obligations or liabilities incurred by you prior to the date of termination shall survive the termination of this Service Agreement.
You understand that at any time during the term of this Service Agreement your financial institution may become a Network Financial Institution and you may become a User of the Service through the Network Financial Institution’s online site or mobile app. Subject to the terms and conditions of an agreement between Zelle® and your financial institution, Zelle® will provide you instructions on how to enroll with your Network Financial Institution.
22. Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED HEREIN, AND SUBJECT TO APPLICABLE LAW, ZELLE® MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICE. ZELLE® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SERVICE DESCRIBED OR PROVIDED. ZELLE® DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, INVULNERABLE TO CYBER ATTACK OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
23. Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED HEREIN AND SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS, AGENTS OR NETWORK FINANCIAL INSTITUTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT 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, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE DESCRIBED OR PROVIDED, EVEN IF ZELLE® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH THE TERMS OF THIS SERVICE AGREEMENT, 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 ZELLE®, ITS OWNERS, DIRECTORS, OFFICERS AND AGENTS OR NETWORK FINANCIAL INSTITUTIONS IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
You acknowledge and agree that you are personally responsible for your conduct while using the Zelle® Service, and except as otherwise provided in this Service Agreement, you also agree to indemnify, defend and hold harmless Zelle®, its owners, directors, officers, agents and Network Financial Institutions from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Service, or any violation by you of the terms of this Service Agreement.
25. Governing Law; Choice of Law; Severability
This Service Agreement will be governed by and construed under the laws of the State of Delaware, excluding only its conflict of law provisions, and shall inure to the benefit of Zelle®, its successors and assigns, whether by merger, consolidation or otherwise. By using the Service, you hereby submit to the exclusive jurisdiction of the courts within the State of Delaware and waive any jurisdictional venue or inconvenient forum objections to such courts (except as expressly set forth in Section 26 below, Agreement to Arbitrate and Class Action Waiver). You further agree to comply with any applicable federal, state and local laws in your use of the Service. If any provision of this Service Agreement is found to be unenforceable for any reason by a court of competent jurisdiction, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remaining provisions of this Service Agreement will not be affected thereby, and each of those provisions will be valid and enforceable to the full extent permitted by law.
26. Agreement to Arbitrate and Class Action Waiver.
ANY AND ALL CLAIMS OR DISPUTES BETWEEN US RELATING IN ANY WAY TO THESE TERMS, OUR PRIVACY NOTICE, OR THE ZELLE® SERVICE MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. AS SET FORTH IN THE CLASS ACTION WAIVER BELOW, ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. Notwithstanding this Agreement to Arbitrate, you and we agree that if a dispute is otherwise within the jurisdiction of a small claims court of competent jurisdiction in a location where you reside, either you or we may require that the dispute be resolved on an individual basis in small claims court and not in arbitration. In such event, we will not be responsible for any arbitration fees if we elect small claims court before an arbitrator is appointed. In small claims court, each party will be responsible for such fees and costs as determined by the court’s rules and orders.
You may opt out of this Agreement to Arbitrate, and the Class Action Waiver, by notifying us in writing of your intention to do so. Written notice should be provided to Early Warning Services, LLC, Attn: Litigation Support, 5801 N. Pima Rd. Scottsdale, AZ 85250 AND MUST BE POSTMARKED WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THESE TERMS. Any opt-out request postmarked after that date will not be effective, and you will continue to be bound by the Agreement to Arbitrate, including the Class Action Waiver.
Arbitrations will be administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org, and they include detailed information about how to initiate an arbitration. Each party shall be responsible for paying its own attorney’s fees.
Zelle will pay the AAA’s Case Management Fee and any arbitrator fees, except if you pursue arbitration as part of or in coordination with a group of a similar arbitrations (“Mass Arbitration”) or if you otherwise seek to participate in a Mass Arbitration. For all Mass Arbitrations you pursue or in which you participate, you agree to advance half of all arbitration fees (including, but not limited to, filing fees, case management fees, administrative fees, hearing fees or fees charged by individual arbitrators), and to be responsible for payment of such fees to the extent not advanced, notwithstanding any contrary rule or policy of the AAA, or anything else in this Agreement to Arbitrate.
If an arbitration already in process is later determined to be part of a Mass Arbitration, we shall have the right to request that the arbitrator order you to reimburse us for fees we have already paid or advanced, and for proceedings in the arbitration to be stayed until you have made such reimbursement. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the AAA declines to administer or continue to administer a Mass Arbitration on the terms described herein, then either you or we may request that a court of competent jurisdiction appoint an arbitrator pursuant to section 5 of the Federal Arbitration Act.
The arbitrator will apply the same substantive law, statutes of limitations and privileges as would apply in court (subject to the choice of law provision set forth in section 25 above). Arbitration will not be deemed commenced for statute of limitations purposes until you either pay your share of arbitration filing fees or file a written demand for arbitration that includes a written request that we advance your share of arbitration filing fees.
If the arbitrator determines that the claims or defenses of a party to the arbitration lacked merit and were presented in bad faith or for purposes of harassment, the arbitrator shall award to the other party such fees and costs as were reasonably incurred in responding to the improperly presented claims or defenses.
You agree that these terms affect interstate commerce. Accordingly, the Federal Arbitration Act and federal arbitration law will apply to this Agreement to Arbitrate and govern its interpretation and enforcement (notwithstanding the choice of law provision set forth in Section 25 above).
CLASS ACTION WAIVER. ALL CLAIMS AND DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND ZELLE® WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS ACTION AS A CLASS REPRESENTATIVE OR AS A CLASS MEMBER. THERE WILL BE NO CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR CONSOLIDATED ACTIONS EITHER IN ARBITRATION OR IN SMALL CLAIMS COURT. If this Class Action Waiver is held unenforceable, in whole or in part, as to any claim, then the Agreement to Arbitrate also will not apply to that claim.
Subject to the terms of this Service Agreement, the Service is generally available 24 hours a day, seven (7) days a week with the exception of outages for maintenance and circumstances beyond the control of Zelle® and the Network Financial Institutions. Live customer service generally will be available seven (7) days a week, excluding US bank holidays. Please consult the Zelle® Site for exact customer service hours.