A G.B. Industry companyMarketplace and service terms
The operating terms for private buyer requests, review-gated providers, and fixed-scope Zinvyl services.
Effective October 27, 2026
Terms version: 2026-10-27.1. This exact version is recorded with each accepted intake, quote, purchase intent, and funded order.
Provider, professional use, and agreement
G.B. Industry LLC, doing business as Zinvyl, provides the service. These services are offered to adult individual professionals purchasing for their own trade or professional use and to organizations through their authorized representatives. They are not offered for personal, family, or household use. Each human account holder, purchaser, approver, and representative must be at least 18 years old or the age of legal majority where they live, whichever is greater. An individual purchaser represents that they can bind themselves; an organizational purchaser represents that they can bind the named organization. A service order consists of the confirmed offer, written scope and acceptance criteria, these terms, the linked policies, and the verified payment record. A specifically confirmed written scope controls over a general term only for that order.
Country availability and international business use
Zinvyl is operated from Arizona, United States, and accepts sanitized business work requests and provider applications from valid countries worldwide. Worldwide intake is not worldwide transaction clearance. Before funding, assignment, protected-data transfer, or payout, Zinvyl records the parties' countries and business status and separately checks the service category, payment and payout rails, indirect-tax disposition and configured registrations, sanctions and export restrictions, privacy-transfer basis, licensing, classification, security, and operational capacity. A country may therefore be open for intake while a particular transaction remains held or unavailable. No party may use a false location, identity, tax status, or intermediary to evade a restriction.
Arizona law governs the contract without regard to conflict-of-law rules, subject to a mandatory right or duty that cannot lawfully be waived where a party or transaction is located. Courts in Maricopa County, Arizona have exclusive jurisdiction only for permitted provisional relief, compelling arbitration, and confirming, modifying, or vacating an award. The English version controls to the extent permitted by law; a translation is informational unless Zinvyl expressly identifies it as controlling. Each party remains responsible for its local registrations, licenses, taxes, work authorization, import or export duties, privacy obligations, and professional requirements. Zinvyl does not represent that one Arizona contract makes a transaction lawful in every jurisdiction.
Zinvyl Marketplace controlled activation
Zinvyl Marketplace accepts sanitized buyer work requests for private matching or, when separately enabled, a reviewed public listing. Submitting a request or provider application does not itself create a public listing, match, assignment, service contract, employment relationship, payment obligation, promise of work, credential, customer-data access, or right to receive funds. Public publication requires the buyer's explicit selection, Zinvyl review, a supported service-risk tier, and verified funding. Provider access is activated individually only after identity and authority, actual operating-model and classification review, capability, service-risk, security, agreement, tax, and payout review. Automated provider payouts remain disabled until the applicable identity, tax, Stripe Connect, fee, dispute, and release controls are available and separately accepted; a validated delivery creates only payout eligibility, not an automatic transfer.
Stripe-hosted provider verification
A provider with a reviewable Zinvyl profile may choose to open Stripe-hosted Connect onboarding from the signed-in Zinvyl account associated with the provider's verified work email. Zinvyl creates or references an Express connected account and supplies Stripe with the work email, a Zinvyl provider identifier and type, and a general description of the provider services. Stripe, not Zinvyl, hosts the onboarding form and collects the identity, business, tax, and bank information Stripe requires. The provider must review and accept Stripe's applicable agreements and privacy notice in that flow and provide accurate, current information. Zinvyl does not receive or store full bank-account credentials or identity-document images through this integration; it stores the connected-account identifier and bounded verification, capability, transfer, payout, tax-review, mode, and update-time states needed to administer provider eligibility.
Completing or returning from Stripe onboarding does not activate a provider, create an assignment, prove tax readiness, or authorize a payout. Stripe may request additional information or restrict an account, and Zinvyl may require renewed onboarding. Zinvyl relies on signed Stripe status events and its own provider, funding, acceptance, tax, and manual-release records. Live provider transfers remain disabled unless and until the applicable tax-reporting model is approved, the provider agreement and operational gates are satisfied, and an authorized operator separately releases an eligible payout. Stripe Connect is payment infrastructure, not escrow, a provider wallet, or a guarantee of work or payment.
Provider access and independent-provider relationship
An independent professional or sole proprietor, provider business, team, or business-owned agent in any valid country may apply publicly or receive a private invitation. Application availability does not authorize work or payout. An approved provider may participate only within the countries, categories, service-risk lane, payment route, and data boundary recorded for that provider and transaction. Operational access remains individually approved and may be granted, limited, suspended, or declined based on verified payee identity, authority, country, the actual operating model, capability evidence, security fit, service quality, tax and reporting readiness, sanctions and export review, platform risk, and operational capacity. Providers are engaged for independently performed, bounded results and are intended to operate as independent businesses, not Zinvyl employees, agents, partners, or representatives. Providers control their manner and means of work, may decline opportunities and serve other customers, supply their own tools, bear their business expenses and taxes, and cannot bind Zinvyl or a buyer. The actual relationship and applicable law control classification regardless of labels, attestations, tax number, or entity form. Zinvyl does not offer W-2 employment through this marketplace and will not activate an engagement whose actual facts require employee treatment under the approved model. A capability or classification review is not a certification, endorsement, promise of demand, or guarantee of performance. Zinvyl does not charge an application fee or pay-to-bid fee.
Buyer requests and private matching
A buyer work request can be posted only by a signed-in adult individual professional with an active buyer workspace, by a signed-in person with an active owner, administrator, or buyer role for the selected organization, or by an authenticated organization buyer agent whose revocable credential and recorded USD limit cover the available project budget plus the disclosed buyer fee. Self-declared names, emails, endpoints, and authority are not accepted as identity. The buyer supplies one lawful bounded outcome, observable approval criteria, available budget, preferred completion date, and country. Zinvyl derives administrative title and category fields and uses private matching with the best verified fit; the buyer does not select a sourcing lane or worker type in this form. Requests remain private except for the minimum sanitized information disclosed to approved providers. A request is not eligible for provider invitation until Zinvyl verifies funding in its authoritative payment ledger.
Marketplace pricing and outcome-assurance fee
Submitting a buyer request, publishing an approved listing, applying as a provider, and proposing are free. Zinvyl does not charge for bids or invitations. Under fee schedule 2026-10-23-marketplace-v4, Zinvyl deducts 10% from a provider proposal sourced through the public marketplace, subject to a $5 minimum and no maximum. For a private invitation or buyer-sourced provider, Zinvyl deducts 5%, subject to a $2.50 minimum and no maximum. A buyer outcome-assurance fee equal to 3% of the selected gross provider proposal, with no maximum, is added to the buyer total for scope and funding qualification, acceptance-evidence review, dispute controls, and payout administration.
Before commitment, the provider and buyer receive the applicable sourcing lane, gross provider proposal, provider platform fee, provider net, buyer assurance fee, buyer total, and fee-schedule version. These amounts are snapshotted with the proposal and may not be increased retroactively; a scope or pricing change requires a new written proposal and affirmative acceptance. G.B. Industry LLC d/b/a Zinvyl remains the buyer's contracting party and accountable seller under the current controlled-launch model; a provider is Zinvyl's independent supplier and has no authority to charge or bind the buyer.
Provider proposals, assignments, and status
An approved provider receives only funded opportunities expressly matched to its active verified profile and approved service-risk tier. Standard providers may receive standard bounded services. Enhanced providers may also receive separately reviewed confidential, source-code, security, or production-adjacent work. Restricted medical, legal, financial, malicious, high-impact, or otherwise unsupported work is not eligible for automatic publication or matching. Unless a shorter stated delivery deadline controls, proposals close seven calendar days after funding verification. A proposal is an offer to perform the stated work; it does not create an assignment until Zinvyl selects it and the provider accepts the exact scope within 48 hours. The delivery period starts when the provider accepts; expiration authorizes no work. Before Stripe onboarding or assignment, the provider or authorized representative must separately accept the current Provider Services Agreement. Providers are independent professionals, businesses, teams, or agents—not employees, partners, franchisees, or representatives authorized to bind Zinvyl—subject always to the actual relationship and applicable law. Providers are responsible for truthful capability claims, lawful performance, taxes, insurance and licenses applicable to their work, safeguarding credentials, and meeting the written acceptance criteria. Zinvyl may revoke credentials, suspend access, reject a proposal, or reassign work to protect buyers, the network, or legal and operational requirements.
Provider delivery safety and intellectual property
A provider may not introduce malware, backdoors, credential theft, destructive routines, covert access, hidden telemetry, unauthorized testing or exploitation, data exfiltration, deceptive interfaces, or other malicious or concealed behavior. Security testing requires written owner authorization and a bounded test scope. Providers must disclose material dependencies, external calls, privileges, persistent behavior, known vulnerabilities, security limitations, background intellectual property, third-party and open-source licenses, source-disclosure or use restrictions, recurring fees, and material AI-generated content before acceptance. Zinvyl may quarantine, reject, require correction of, or withhold payout for an unsafe, unauthorized, infringing, misappropriated, deceptively documented, or license-incompatible delivery. Review and acceptance evidence reduce uncertainty but do not guarantee defect-free or vulnerability-free work.
Authority and customer materials
You confirm that you are authorized to request and fund the work and have all rights and permissions needed to provide submitted materials. You are responsible for their accuracy, completeness, lawful collection, and export. Public intake must contain sanitized details only. Do not provide credentials, payment-card data, Social Security numbers, protected health information, regulated personal data, or export-controlled material unless Zinvyl expressly approves a secure method and written scope.
Confidential information and trade secrets
Public listings, public intake, proposals, email, and general agent tools are not approved channels for confidential information or trade-secret substance. Before protected material moves, the funded assignment must identify only the material category, owner, permitted purpose, authorized recipients, approved systems and service providers, retention or deletion rule, and any geographic or export restriction. The parties must execute the then-current project NDA and any required data-processing or security addendum before disclosure. A trade-secret label does not create trade-secret status; the owner must continue reasonable measures to preserve secrecy and must disclose only the minimum necessary information.
Each recipient may use protected material only for the accepted assignment, must apply least privilege and at least reasonable care, and may disclose it only to approved participants bound by duties at least as protective. Protected material may not be used to train a general-purpose model, build an unrelated product, solicit another party, create a residual-knowledge license, reverse engineer outside the written scope, or obtain a competitive advantage. Suspected unauthorized access, use, or disclosure must be reported promptly. At the end of the permitted purpose, protected material must be returned or deleted as directed, subject to documented legal, security, tax, insurance, dispute, backup, or professional-retention requirements. Information that qualifies as a trade secret remains protected while it qualifies and the owner maintains reasonable protective measures; other confidentiality periods are stated in the executed NDA or assignment.
Accounts, buyer workspaces, organizations, and credentials
A human account is personal to the verified email holder and may not be shared. An individual professional may create a buyer workspace in their own name. An organization owner or administrator may grant roles and bounded machine authority only for people and agents the organization authorizes. You are responsible for keeping sessions, authenticator factors, recovery methods, invitation links, and agent keys secure; promptly revoking unnecessary access; and notifying Zinvyl of suspected compromise. Zinvyl may expire sessions, revoke credentials, require renewed verification, or suspend access to protect customers and the marketplace.
Private order access
A checkout-session reference or payer email is not an account credential. After verified payment, the payer must sign in with the checkout email and claim the order for an authorized buyer workspace before confidential files, delivery details, receipts, or acceptance controls are available. Buyer-workspace membership is checked on each protected action. Treat payment and claim links as confidential, do not forward them, and notify Zinvyl if one may have been exposed. File upload does not expand scope or confirm that a file is safe, complete, or accepted. Zinvyl may quarantine, reject, or delete material that violates the stated file limits, scope, security requirements, or law.
Delegated agent authority
An organization may issue a scoped agent credential with permitted actions, offers, currency, and maximum transaction amount. The credential does not authorize the agent to expand scope, alter its own limit, claim payment, release a provider payout, access human credentials, or bind another organization. The authorizing organization remains responsible for the agent's instructions and use within the recorded delegation. Zinvyl may require recent human multi-factor verification for issuance, modification, or revocation and may reject any request whose authenticated credential, asserted authority, offer, amount, or organization does not match.
Electronic agents and records
For these terms, an authorized purchasing agent is an electronic agent: software or another automated system the customer configures to act as its delegate. The customer agrees that an authorized agent's electronic actions and records may form and evidence a service order when they stay within the recorded offer, amount, currency, scope, terms version, expiration, and other material limits. The customer is responsible for configuring and safeguarding its agent, mandates, and payment credentials and for promptly revoking compromised authority. An agent statement alone does not prove authority or funding; Zinvyl may reject or hold any mismatched or unverifiable transaction, and only Zinvyl's authoritative payment ledger may mark an order paid.
Saved payment method for delegated purchases
An organization owner or administrator may separately authorize Stripe to save a business payment method for future Zinvyl purchases initiated by an authorized buyer agent. Saving a payment method does not itself authorize any purchase. Each charge must also match an active organization agent's owner-set offer allowlist, currency, per-purchase ceiling, current terms, and safe bounded scope, or a narrower signed and unexpired single-transaction mandate. Zinvyl records the consent version and Stripe identifiers, not the full card number. The organization may revoke either the agent or future payment use from its account. Revocation does not reverse a charge already submitted under valid authority. A card issuer may still require the owner to authenticate a particular charge; if authentication is not completed, Zinvyl does not record the order as funded.
Acceptable use
The Acceptable Use Policy is part of these terms. Zinvyl may reject, suspend, or end activity that creates security, legal, payment, platform, or third-party risk. Rejection does not authorize Zinvyl to keep an unearned service fee.
Funding, prices, taxes, and cooperation
Published prices are base prices in U.S. dollars unless the service order says otherwise and exclude transaction taxes. Before funding, the buyer must provide their billing location and any requested tax identifier or exemption evidence. Zinvyl classifies the actual offer and customer status, determines whether it has a collection obligation, configures the applicable registration, and calculates or adds sales tax, VAT, GST, or a similar indirect tax when required. A processor calculation of zero—especially where no registration is active—is not by itself a legal conclusion that no tax applies. If the tax disposition, customer location, registration, or authorized tax-inclusive total cannot be verified, funding remains blocked. Buyers remain responsible for taxes the law places on them, including valid reverse-charge or self-assessment obligations. A future order that separately sells or licenses software, tangible property, rentals, storage, or another activity must be separately classified and itemized. Expressly approved third-party costs may be added. An intake, invoice, agent message, public budget, purchase intent, or checkout redirect is not proof of payment. Work begins only after Zinvyl independently verifies cleared funding and complete, sanitized inputs. New systems, failure paths, documents, topics, assets, visual directions, or objectives require a separate scope.
Workflow Reliability Care: one-time and monthly options
Workflow Reliability Care is available to U.S. individual professionals and organizations as either a one-time 30-day cycle for $99 or a $99 monthly subscription. The public purchase selector defaults to the non-renewing option. Both options cover no more than three named buyer-owned workflows, one evidence-linked health register and report, and one incident-triage credit per funded 30-day cycle. Neither option includes continuous monitoring, on-call or emergency response, uptime commitments, credential custody, production writes, hosting, patches, implementation, or rollover.
The monthly option renews at $99 per month plus applicable tax only after an authorized buyer signs in, reviews the exact option, separately accepts recurring billing, provides a U.S. billing address, and completes Stripe-hosted checkout. Each successfully paid invoice funds one separately scoped cycle; a subscription record, invoice, renewal attempt, or checkout redirect alone does not authorize work until payment clears, checkout controls reconcile, and safe inputs for that cycle are complete. The buyer may cancel future renewal through the Stripe-hosted billing portal. Cancellation takes effect for future periods and does not retroactively cancel, refund, or extend a cycle already funded. Failed or action-required payment places the next cycle on hold. Zinvyl may suspend or end renewal prospectively for capacity, safety, nonpayment, legal, or product changes and will not silently substitute a different service. The one-time option ends after 30 days and does not renew.
Promotional service credits
When an offer expressly includes a time-limited credit, it applies only to the same customer and workflow, only to the stated later Zinvyl service, and only when the later written scope is accepted and funded within 30 calendar days. Credits are non-transferable, cannot be combined, have no cash or stored-value equivalent, and are void if the originating fee is refunded or disputed. No credit obligates Zinvyl to accept an unsafe, unlawful, unavailable, or out-of-scope engagement.
Quote review and correction
Before checkout, Zinvyl presents the selected offer, fixed subtotal, price version, scope fingerprint, acceptance tests, tax treatment, and quote expiration. The customer or authorized agent must review that summary before paying. If any item is incorrect, do not pay; correct and resubmit the intake or contact Zinvyl. An expired, altered, mismatched, or duplicate payment is held for reconciliation and does not authorize work.
Delivery, validation, and acceptance
Zinvyl or the selected provider delivers the written package described for the service order and supplies the required evidence. The buyer review deadline is 14 calendar days after each submitted delivery. Before provider payout becomes eligible, Zinvyl records each agreed acceptance criterion, a pass or fail result, the evidence examined, and reviewer notes. A validation pass means only that the submitted delivery and cited evidence satisfied the observable contractual checks written for that assignment. It does not prove that every underlying statement is true, reveal hidden defects, certify legal or professional correctness, guarantee fitness for an unstated purpose, or promise a business result.
Missing, contradictory, inaccessible, or untestable evidence cannot support a pass. A failed criterion requires revision or dispute review, and payout remains ineligible. Silence, elapsed time, provider self-certification, a file upload, automated output, buyer use of a deliverable, or Stripe onboarding does not constitute acceptance. An unresolved 14-day review becomes an operational exception or dispute hold, not automatic acceptance or payout. The buyer remains responsible for reviewing the delivery in its operating context and obtaining any legal, tax, accounting, engineering, safety, security, medical, or other licensed professional review the work requires. One scope-conforming revision is included when the applicable service order provides for it and the request is made within the stated review window. Outcomes outside the agreed acceptance tests are not promised.
Assignment communications
Verified buyers and providers may use an assignment-bound workspace for scope, timeline, clarification, delivery, acceptance, and dispute communications. Workspace messages form part of the transaction record. Participants may not use messages to solicit or route off-platform payment, evade fees or controls, transmit credentials, private keys, card or bank data, malware, executable code, unlawful content, regulated data, or protected material before the required agreement and approved channel are in place. Zinvyl may automatically block or route suspected policy violations for accountable review. During controlled launch the message composer is text-only; protected files must use the approved private order workspace.
Verified transaction feedback
Only a participant in a funded assignment recorded as completed or accepted may submit transaction feedback. Feedback is sealed until both sides submit or 14 calendar days elapse, is labeled as transaction-verified, and must describe the participant's genuine experience. No person may fabricate a review, use a related or undisclosed conflicted account, condition compensation or another benefit on positive or negative sentiment, threaten a review to obtain an unrelated concession, suppress an eligible review through intimidation, or include confidential information, personal data, unlawful content, or irrelevant attacks. Zinvyl may delay publication, permit a response, investigate, label, restrict, or remove feedback under published integrity rules; a rating is an opinion and not a guarantee of future performance.
Marketplace dispute assistance
A participant may open a transaction-linked dispute that identifies the disputed criterion, factual basis, available evidence, and requested resolution. An open supported dispute freezes an unreleased provider payout and establishes response and evidence deadlines. Opening a case does not decide fault, issue a refund, reverse a released transfer, waive processor rights, or commence formal arbitration. Zinvyl may record participant statements, request additional evidence, require a scope-conforming revision, preserve a hold for refund review, close without adjustment, or restore payout eligibility when the recorded evidence supports that operational result. Formal claims remain subject to the notice and dispute provisions below and all non-waivable rights.
Download window; no ongoing storage service
After acceptance is recorded, customer input files and deliverable bytes remain available through the verified private order workspace for 14 calendar days as a courtesy download window. The customer must download and safely retain the accepted deliverable during that period. Zinvyl then deletes the stored bytes automatically unless an unresolved payment dispute, documented legal hold, security investigation, or applicable law requires a hold. Transaction, payment, terms, scope, acceptance, cryptographic digest, deletion, tax, accounting, fraud-prevention, and dispute metadata may be retained separately for the period reasonably required for those purposes. Zinvyl does not presently provide archival hosting, backup, or a paid storage tier, and email or possession of an order URL alone does not grant file access.
Automation and professional judgment
Zinvyl may use software automation and AI-assisted methods to analyze authorized materials and prepare work. Zinvyl remains responsible for the contracted delivery and does not represent automated output as independent legal, tax, accounting, safety, customs, insurance, or regulatory advice. The customer remains responsible for operational decisions and required professional review.
Except for an express warranty in the accepted service order and to the maximum extent permitted by applicable law, services and deliverables are provided without implied warranties of merchantability, noninfringement, fitness for a particular purpose, uninterrupted availability, error-free operation, or achievement of a business, financial, legal, regulatory, security, or technical result. This disclaimer does not erase Zinvyl's express delivery obligations, the written acceptance criteria, available correction or refund remedies, or liability that cannot lawfully be excluded. Acceptance addresses only the observable criteria and evidence recorded for the assignment; it is not a guarantee against hidden defects, misuse, later environmental changes, or requirements the buyer did not disclose.
Freight role limitation
Zinvyl audits and improves information workflows. It is not acting as a motor carrier, property broker, freight forwarder, customs broker, insurer, or transportation provider; it does not arrange transportation, take custody of goods, set freight charges for carriage, or hold buyer funds for carriers.
Ownership, licenses, and feedback
After full payment and any required provider release, the customer owns the customer-specific paid deliverable, excluding Zinvyl materials, provider background materials, and third-party components. Providers must disclose material background or third-party components in their proposal or delivery and grant the rights required by the service order. Zinvyl retains its pre-existing and generalized methods, software, tools, templates, improvements, and know-how. Zinvyl grants the customer a perpetual license to use embedded Zinvyl materials as necessary to use the paid deliverable. Customer grants Zinvyl and an assigned provider a limited license to use submitted materials only to evaluate, perform, secure, support, and document the order. Voluntary feedback may be used without restriction and without identifying the customer.
Confidentiality and security
Each party will use reasonable care to protect non-public information, limit access to people and providers who need it, and use it only for the order or legal compliance. Information already public, independently developed, rightfully received without restriction, or required to be disclosed by law is not confidential under this clause. The separate Mutual NDA draft is available when a project requires a signed pre-disclosure agreement. No Internet service is risk-free; the current security practices and reporting route are described at Security.
Third-party services
Stripe and other third-party services operate under their own terms and availability. Zinvyl is not responsible for a third party's independent service, platform change, or outage, but remains responsible for the work expressly included in the service order. Customer will not require Zinvyl to violate another provider's rules or access controls.
Warranty disclaimer
Zinvyl will perform the service in a professional and workmanlike manner against the written acceptance criteria. Except for that commitment and to the extent permitted by law, the service and diagnostic findings are provided without other express or implied warranties. Diagnostics reduce uncertainty; they do not guarantee savings, uninterrupted systems, regulatory compliance, production suitability, or a particular commercial result.
Liability limit
To the extent permitted by law, G.B. Industry LLC's aggregate liability arising from a service order will not exceed the amount paid for that order. Neither party will be liable for indirect, incidental, special, exemplary, or consequential damages or lost profits, revenues, data, or business opportunities. These limits do not apply where they are prohibited by law or to liability that cannot lawfully be limited.
Customer responsibility
The customer is responsible for authorized access, backups, production change control, legal and regulatory review, and decisions made from the deliverable. The customer will be responsible for third-party claims arising from materials, instructions, or access it supplies unlawfully or without authority, except to the extent caused by Zinvyl's breach of these terms.
Cancellation and termination
The published refund policy governs customer cancellation. Either party may end an unfunded request. Zinvyl may terminate a funded order for material breach, unlawful instructions, unsafe access, or noncooperation after giving a reasonable opportunity to cure when practical; any refund will reflect work properly completed and the published policy.
Organizational arbitration and jury-trial waiver
This section applies only when the customer is an organization or a representative purchasing for an organization. An individual professional purchasing in their own name is not required to accept this organizational arbitration agreement or jury-trial waiver.
Read this section carefully. It changes how covered organizational disputes are decided. Before filing, a party must send a written notice describing the parties, order or assignment, facts, claims, requested relief, and a reasonable settlement proposal. Authorized representatives must confer in good faith for 30 calendar days after receipt. Tolling applies during that period to the extent permitted by law. If the dispute is not resolved, every covered claim or controversy arising out of or relating to Zinvyl, these Terms, a service order, marketplace participation, payment, delivery, confidentiality, privacy, intellectual property, or the parties' relationship must be resolved by final, binding arbitration on an individual basis, not in court and not before a jury, except for the limited court applications stated below and any claim that applicable law makes non-arbitrable.
For a dispute between U.S. organizations, the American Arbitration Association will administer one neutral arbitrator under its then-current Commercial Arbitration Rules. For an approved cross-border organizational dispute, the International Centre for Dispute Resolution will administer one neutral arbitrator under its then-current International Arbitration Rules. The Federal Arbitration Act governs the arbitration agreement where it applies; Arizona's Revised Uniform Arbitration Act applies where the Federal Arbitration Act does not. The legal seat is Phoenix, Arizona, hearings may occur remotely when the arbitrator permits, and the language is English. The arbitrator may award any individual remedy a court could award under applicable law, must issue a reasoned written award, and may allocate filing fees, arbitrator compensation, reasonable attorney fees, and costs only as the agreement, administrator rules, or applicable law permits. A court with jurisdiction may enter judgment on the award.
Claims may be brought only in a party's individual capacity. No party may arbitrate on a class, collective, consolidated, coordinated, mass, representative, or private-attorney-general basis, and an arbitrator may not combine claims of different organizations without every affected party's written consent. If a final court decision holds a particular waiver in this paragraph unenforceable for a claim or remedy, that claim or remedy proceeds in court only after all arbitrable matters are completed, unless applicable law requires another sequence.
Either party may ask a court in Maricopa County, Arizona for temporary or emergency relief solely to prevent imminent unauthorized access, misuse or disclosure of confidential information or trade secrets, infringement or misappropriation, malicious code, security compromise, or dissipation of assets needed to satisfy an award. Seeking that limited relief does not waive arbitration. Courts in Maricopa County also have exclusive jurisdiction to compel arbitration and to confirm, modify, or vacate an award, subject to non-waivable law. EACH ORGANIZATIONAL PARTY KNOWINGLY WAIVES A JURY TRIAL FOR EVERY COVERED DISPUTE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Changes and severability
The version accepted for an order governs that order unless both parties agree otherwise. Zinvyl may update terms prospectively by publishing a new effective date. If a provision is unenforceable, the remainder stays in effect. A failure to enforce a provision is not a waiver.