Terms and Conditions from Zeal Pro Shop

Please Note

Please read the following TERMS OF SERVICE carefully before signing up for the ZEAL Pro Shop as they contain important information. The ZEAL Pro Shop provides online management software for membership-based organizations. This agreement applies to any use of the ZEAL Pro Shop or connected services by you, your members, your customers, or partners.

Agreement

This is a binding and legal agreement between YOU and Zeal Technologies (The Zeal Pro Shop). As a customer of Zeal Technologies, you agree that you have the authority to represent the company, organization, or entity entered into our system.

Agreement Changes

You agree that Zeal Technologies may make changes to this Agreement at any time, without notice. Any changes to this Agreement are effective on the date that they are posted on this page. It is your responsibility to ensure that you are aware of this Agreement when using our service.

Service Windows

Zeal Technologies reserves the right to perform maintenance on its systems at any time, without notice. Routine service is normally scheduled at off-peak times, however, as with any technology platform, emergency maintenance may occur.

Changes to Service

You agree that Zeal Technologies may regularly update/modify its service. This may include the remediation of technical issues, the addition or removal of features, or any number of aesthetic updates. We constantly receive feedback regarding our platform and always carefully consider recommendations; however, The Zeal Pro Shop reserves the right to modify its service as necessary.

Taxes

You are 100% responsible for keeping accurate accounting, filing, and paying your own taxes.

Monthly Fees

Monthly fees will be charged to the customer's connected account on the 5th of every month. Both monthly fees and usage fees will be charged at that time. Each customer will receive an invoice via email describing the charges.

Zeal Pro Shop Monthly Fee: $19.99

Email Service Fee: $0.01 (per email)

SMS Service Fee: $0.01 (per text)

Notification Service Fee: $0.01 (per notification)

Credit Card Processing Fees

Please Note: The processing fees for credit cards are significantly higher than bank accounts. Also, credit cards expire periodically and are more likely to be flagged for fraud prevention.

Processor Fee: 2.90% + $0.30

Application Fee: 1.50% + $0.10

Bank Account Processing Fees

Please Note: The processing fees for bank accounts are significantly lower than credit cards.

Processor Fee: 0.80%

Application Fee: 1.50% + $0.10

ACH Verification Fees

The Zeal Pro Shop provides an ACH verification service so that customers can immediately link bank accounts and process payments. This is a one-time fee per verification and is charged at the time of the verification:

ACH Verification Fee: $2.00

Payment Processing

All payments processed by The Zeal Pro Shop are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. All fees and surcharges for the Stripe payment services are incurred by the customer and are assessed at the time of payment.

Liability

You are 100% responsible for your account, the activities you perform on our service, and the data you enter into it. This includes, but is not limited to you, your staff, your customers, your partners, or contractors.

Accuracy

You are 100% responsible for the accuracy of data that you enter into The Zeal Pro Shop.

SMTP Communications

The Zeal Pro Shop provides each member of the platform the option to opt-out of SMTP communications from you at the Membership Program level. If a member opts out of email communications for your Membership program, you will no longer be able to communicate with them via SMTP from our system.

SMS Communications

The Zeal Pro Shop provides each member of the platform the option to opt-out of SMS communications from you at the Membership Program level. If a member opts out of SMS communications for your Membership program, you will no longer be able to communicate with them via SMS from our system.

Payment Information

You are 100% responsible for any liability regarding the payment information you enter into our platform. This includes both banking information and cardholder data. You understand and agree that you are 100% compliant with PCI DSS at all times, as are your affiliates or anyone that has access to your information in our platform.

YOU AGREE THAT Zeal Technologies IS 100% NOT RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED BY, OR ALLEGED TO BE CAUSED BY, THE TRANSMISSION OF CARDHOLDER AND BANKING DATA PRIOR TO ITS ENCRYPTION. YOU ARE 100% RESPONSIBLE FOR BANKING INFORMATION AND CARDHOLDER DATA WHEN IT IS IN YOUR POSSESSION. YOU ARE 100% RESPONSIBLE FOR ANY DAMAGES THAT INCLUDE BUT ARE NOT LIMITED TO FRAUD, EMBEZZLEMENT, IDENTITY THEFT, THEFT, OR INVASION OF PRIVACY.

YOU AGREE THAT Zeal Technologies, ITS EMPLOYEES, ITS PARTNERS, OR ANY OF ITS AFFILIATES WILL NOT BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES REGARDLESS OF HOW THEY ARE CAUSED. THIS INCLUDES BUT IS NOT LIMITED TO, LOSS OF SERVICE, LOSS OF PROFITS, LOSS OF DATA, MISSED OPPORTUNITIES, AND SUBSCRIPTION FEES.

Intellectual Property

Zeal Technologies owns all rights and titles to The Zeal Pro Shop, its logos, software systems, data, and service names. As a customer of Zeal Technologies and The Zeal Pro Shop, you are in no way granted permission to use our intellectual property without our expressed written consent.

Indemnification

You fully understand and agree that you hold Zeal Technologies 100% HARMLESS against any and all third-party claims alleged or asserted against any of them. You understand and agree to hold Zeal Technologies 100% HARMLESS against any such attorneys' fees or any other costs incurred by you as a result of such actions.

Terms and Conditions for SMS and Email

Acceptance of Terms

By opting in to receive SMS/text messages and emails from us by submitting your contact details through our website, you agree to these Terms and Conditions and any updates or modifications made hereafter. If you do not agree with any part of these terms, you should not opt-in.

Communication Consent

Opt-In Procedure : Consent to receive SMS/text messages and emails is given when you provide your phone number and email address through our website.

Nature of Communications:You will receive information regarding our gym management services, including CRM automation, billing solutions, promotional offers, and opportunities to schedule a demo call.

Message Frequency: The frequency of messages may vary based on our promotions and your engagement with our services.

Standard Rates Apply: Standard text message and data rates from your service provider may apply to SMS communications.

Opt-Out and Unsubscribe: You can opt-out of receiving SMS/text messages at any time by replying "Stop" to any message. To unsubscribe from emails, follow the unsubscribe link provided in each email. After opting out, you will no longer receive communications from us.

Privacy and Personal Data

Your privacy is important to us. We use your information solely to provide you with the communications you have requested, and we will not share, sell, rent, or disclose your contact information to third parties, except as required by law. For more information, please visit our Privacy Policy at https://crm.zealproshop.com/privacy-policy.

Disclaimer of Warranties

Our communications are provided on an "as is" basis without warranties of any kind, express or implied. We do not guarantee the accuracy, completeness, or usefulness of any information provided.

Limitation of Liability

We will not be liable for any damages arising from your use of our communications, including any direct, indirect, incidental, punitive, and consequential damages.

Governing Law

These Terms and Conditions are governed by the laws of the state or country where Zeal Pro Shop is located, without regard to its conflict of laws principles.

Amendments

We may update these Terms and Conditions from time to time. Your continued subscription to our communications after any changes indicates your acceptance of the new terms.

Contact Us

If you have any questions about these Terms and Conditions, please reach out to us via the contact information provided on our website.

Copyright© 2024. Zeal. All rights reserved.

(636) 263-9896