H2 Terms of Service

Zipmi is a technology platform that facilitates:

• Profile creation by H-2 visa job seekers, including uploading sensitive documents such as passports and SSNs.
• Employer job posting based on Department of Labor (DOL) certifications.
• Matchmaking between certified Employers and qualified Workers.
• Application, interview, and job offer workflows.
• Electronic DS-160 prefill and submission.
• Coordination of visa appointments and travel logistics.
• Automated retrieval of Form I-94 arrival/departure records from U.S. Customs and Border Protection (CBP) on behalf of Workers.
• Auto-population of Form I-9 (Employment Eligibility Verification) using information extracted from Worker-uploaded passports and visas together with the retrieved I-94 record, subject to Worker review and confirmation and Employer review and attestation.
• Photo compliance processing that standardizes the background of Worker-uploaded photographs (for example, converting the background to plain white) to help meet visa photo requirements, without altering or modifying the Worker’s face or other facial features.

ZipVisa is not a law firm, government agency, visa sponsor, or employment agency. We do not offer legal advice, and your use of the Platform does not create an attorney-client relationship.

Zipmi also offers a separate product for individual nonimmigrant visa applicants (for example, B-1/B-2 visitor visa applicants), which is governed by a separate Zipmi Consumer Terms of Service, not by this Agreement.

You must be at least 18 years old and legally able to enter into contracts. By registering, you confirm that:

• You will provide complete and accurate information.
• You will not share your credentials.
• You will immediately report any unauthorized access or use of your account.

Subject to compliance with this Agreement, ZipVisa grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for your internal employment, recruitment, or job search activities. You may not:

• Reverse-engineer, decompile, or modify the Platform.
• Sell, lease, or sublicense access to the Services.
• Use the Services for timesharing or unauthorized third-party access.
• Interfere with the operation or integrity of the Services.

All rights not expressly granted herein are reserved by ZipVisa.

3.1  Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in a manner consistent with all applicable laws and regulations. The following conduct is strictly prohibited:

• Submitting fraudulent, falsified, or fabricated information in any application, profile, document, or form, including DS-160 applications.
• Uploading forged, altered, or counterfeit documents, including but not limited to passports, visas, employment records, or government-issued identification.
• Misrepresenting your identity, credentials, authority, or affiliation when registering or using the Platform.
• Using the Platform to facilitate unauthorized immigration activity, human trafficking, labor exploitation, or any other illegal conduct.
• Accessing or attempting to access another user’s account or data without authorization.
• Using automated scripts, bots, or other tools to scrape, mine, or extract data from the Platform without ZipVisa’s express written consent.
• Uploading or transmitting malicious code, viruses, or any content that could harm the Platform or its users.

ZipVisa reserves the right to investigate suspected violations of this policy and to suspend or permanently terminate any account found to be in breach. ZipVisa may also report unlawful conduct to the appropriate authorities.

4.1 Workers

• Ensure all submitted information is truthful and accurate.
• Acknowledge that job placement and visa approval are not guaranteed.
• Consent to ZipVisa sharing your information with Employers, Agents, and government entities as needed.
• Explicitly consent to your personal information — including passport details, immigration history, and other sensitive data entered into the Platform — being used to pre-fill and generate a DS-160 nonimmigrant visa application on your behalf.
• Understand and acknowledge that you are the party who submits the DS-160 application by clicking "Accept and Submit" and electronically signing your own name, regardless of whether an Agent or Employer assisted in preparing it. ZipVisa’s role is limited to providing the technology that facilitates the pre-fill process based on the information you provide, and ZipVisa does not submit, file, or transmit DS-160 applications to any government agency on your behalf.
• Accept responsibility for reviewing the accuracy of all information pre-filled in your DS-160 before it is submitted, and acknowledge that ZipVisa is not liable for any errors, omissions, or consequences arising from inaccurate or incomplete information you have provided.
• Consent to ZipVisa retrieving your Form I-94 arrival/departure record from CBP on your behalf using the information you provide.
• Consent to ZipVisa using the information contained in your passport, visa, and I-94 record to auto-populate a draft Form I-9, and acknowledge that you are solely responsible for reviewing and confirming the accuracy of all pre-filled I-9 information before it is finalized.
• Consent to ZipVisa processing photographs you upload to standardize the background to plain white for visa photo compliance purposes, and acknowledge that ZipVisa does not alter, retouch, or otherwise modify your face or other facial features.
• Understand that you may delete your account at any time through the Platform’s account settings or by contacting ZipVisa.
• Understand that ZipVisa performs a one-time check, at the time an Employer joins the Platform, to confirm the Employer holds current U.S. Department of Labor certification as an H-2 employer, and acknowledge that ZipVisa does not re-verify or continuously monitor this certification or otherwise vet or guarantee the Employer’s conduct afterward. Once you are connected with an Employer, ZipVisa is not responsible for your pay, working conditions, or any other aspect of your employment relationship with that Employer.

4.2 Employers

• Use the Platform for lawful recruiting purposes only.
• Ensure all job listings and documents are accurate and current.
• Comply with federal and state labor and immigration laws.
• Review all Worker profiles, applications, and associated documents prior to submission or official use, and acknowledge that the accuracy of such materials depends on the information provided by the Worker.
• Independently examine each Worker’s underlying identity and employment authorization documents and independently review and verify the accuracy of all information contained in each Worker’s Form I-9 generated through the Platform. Employer must complete this independent review before signing or otherwise attesting to the Form I-9, and may not rely solely on the Platform’s auto-populated data in place of Employer’s own document review, in accordance with applicable law.
• Acknowledge that the Platform’s auto-population of Form I-9 is a convenience tool only and does not relieve Employer of its independent legal obligation to examine supporting documents and complete Form I-9 in compliance with applicable law.
• Understand that Employer may delete its account at any time through the Platform’s account settings or by contacting ZipVisa.

4.3 Agents & Employers Processing Workers Directly

The following obligations apply to all Agents and to any Employer that directly manages or prepares DS-160 applications on behalf of Workers without the use of a third-party Agent. Regardless of an Agent’s or Employer’s involvement in preparing an application, the Worker remains the party who reviews, accepts, and submits the DS-160 by clicking "Accept and Submit" and signing their own name.

• Do not charge unlawful fees to Workers.
• Act in accordance with all applicable employment, recruitment, and immigration laws.
• Prior to submission, carefully and thoroughly review every DS-160 nonimmigrant visa application generated through the Platform in its entirety. It is the sole responsibility of the Agent or Employer to verify the accuracy, completeness, and correctness of all information before any application is submitted.
• Acknowledge that all DS-160 applications are generated by the Platform based solely on the information and inputs provided by the Workers or applicants. ZipVisa does not independently verify, validate, or supplement any Worker-provided information.
• Accept full responsibility for any corrections required to a DS-160 before or after submission, arising from inaccurate, incomplete, or misleading information submitted by a Worker.
• Provide timely and constructive feedback to ZipVisa regarding platform functionality, errors, and usability when requested, as a condition of continued platform access during the beta period.
• Understand that Agent may delete its account at any time through the Platform’s account settings or by contacting ZipVisa.

4.4 Data Accuracy
By submitting information, you:

• Confirm its accuracy.
• Waive liability against ZipVisa for any reliance on such data.
• Acknowledge that ZipVisa may rely on the accuracy of the information provided.

Use of the Platform is also governed by our Privacy Policy.

• We use encrypted storage and third-party processors.
• We may contact Workers directly in connection with visa processing.
• We may anonymize and aggregate data to improve our services.
• We retrieve Form I-94 arrival/departure data from CBP and use passport, visa, and I-94 data to auto-populate Form I-9 on behalf of Workers, subject to the Worker and Employer reviews described in Section 4.
• We process photographs uploaded by Workers solely to standardize the photo background (for example, to plain white) for visa compliance purposes; we do not alter, retouch, or otherwise modify a Worker’s face or other facial features.
• Workers, Employers, and Agents may delete their account at any time; upon deletion, we will delete or de-identify the associated personal data as described below, unless we are required to retain it by law.

ZipVisa may anonymize and aggregate user data to improve services and for analytics. Aggregated data will not identify any individual and may be retained indefinitely. We will retain personal information only as long as necessary to provide services or as required by law. Upon account deletion or contract termination, we will delete or de-identify personal data unless legally required to retain it.

Data destruction follows U.S. federal data security standards. You grant ZipVisa a license to store and process your data for the purposes described in our Privacy Policy, including providing the Services and, subject to Section 5.1, informing you about other ZipVisa products and services. We may contact you in connection with your use of the Services and, subject to Section 5.1, with marketing communications.

5.1  Marketing Communications

Marketing communications are optional and are not a condition of using the Services. Unless you opt out, we may send you information and offers about ZipVisa products, including visa services for you or your family, by email, SMS, WhatsApp, or in-app notification. You may opt out at any time via the unsubscribe link, by replying STOP, in your account settings, or by writing to info@zipmi.ai. We will not use passport data, SSNs, immigration history, location data, or emergency contacts for marketing purposes.

ZipVisa uses reasonable efforts to maintain 99% uptime. We may:

• Perform scheduled maintenance.
• Roll out security patches and system updates.

Some updates may be required to continue use of the Platform. The Platform is currently in a beta phase. Features and functionality may be incomplete, subject to change, or temporarily unavailable. ZipVisa makes no warranties regarding the stability, fitness, or uninterrupted availability of the Platform during this period.

6.1  Service Availability Disclaimer

ZipVisa does not guarantee that the Platform will be available on an uninterrupted, timely, or error-free basis. To the fullest extent permitted by applicable law, ZipVisa is not liable for any loss, damage, delay, missed deadline, or other adverse consequence arising from any outage, downtime, slowdown, or other unavailability of the Platform, regardless of the cause. Workers, Employers, and Agents are responsible for maintaining their own records and for completing any time-sensitive action, such as Form I-9 or DS-160 processing, through an alternative method if the Platform is unavailable when action is required.

We may revise these Terms from time to time. Continued use after updates constitutes acceptance of the revised Terms. Major changes will be notified via email or posted on the Platform.

All content and software is the property of ZipVisa or its licensors. You may not copy, modify, or distribute our content or brand elements without written permission. All feedback, suggestions, or improvements submitted by you regarding Zipmi may be used by ZipVisa without restriction or compensation. You grant ZipVisa a perpetual, royalty-free license to use any such input.

9.1  Non-Competition

In consideration of access to the Zipmi platform and its proprietary workflows, technology, processes, and data, Agents and Employers agree that during the term of this Agreement and for a period of two (2) years following its termination or expiration, they will not, directly or indirectly:

• Design, develop, build, fund, or launch any software platform, tool, or service that competes with Zipmi’s core business, including but not limited to platforms that automate, facilitate, or assist in the preparation or filing of DS-160 applications, H-2 visa workflows, or substantially similar immigration-related services;
• Contribute to, advise, or hold a financial interest in any third party engaged in developing a product or service substantially similar to the Zipmi platform;
• Use any knowledge, workflows, processes, data structures, or proprietary insights gained through access to the Zipmi platform to build or assist in building a competing product or service.
  

9.2  Non-Solicitation

During the term of this Agreement and for a period of one (1) year following its termination, Agents and Employers agree not to directly or indirectly solicit, recruit, hire, or encourage any ZipVisa employee, contractor, or other platform user to terminate their relationship with ZipVisa or to join or support any competing venture.

9.3  Reasonableness & Severability

You acknowledge that the restrictions in this section are reasonable in scope and duration given the proprietary nature of the Platform and the legitimate business interests of ZipVisa. If any restriction is deemed unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.

9.4  Injunctive Relief

You acknowledge that a breach of this section would cause irreparable harm to ZipVisa for which monetary damages would be an inadequate remedy. ZipVisa shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law or in equity, without the requirement of posting a bond.

ZipVisa is not a law firm. We do not provide legal representation or advice. Any information provided through the Platform is for informational purposes only and does not constitute legal advice.

11.1  Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ZIPMI PLATFORM AND ALL SERVICES PROVIDED BY ZIPVISA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZIPVISA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
• Any warranty that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any content, data, or results obtained through the Platform;
• Any warranty that job placements, visa approvals, or any other employment or immigration outcomes will result from use of the Platform.

No advice or information, whether oral or written, obtained by you from ZipVisa or through the Platform shall create any warranty not expressly stated in this Agreement.

11.2  DS-160 Specific Disclaimer

ZipVisa expressly disclaims any and all liability related to DS-160 nonimmigrant visa applications generated through the Platform. Specifically:

• ZipVisa is not responsible for visa denials, delays, revocations, or any adverse immigration outcomes, regardless of whether a DS-160 was generated using the Platform.
• All DS-160 applications are generated solely from information entered by workers and reviewed and submitted by the designated Agent or Employer. ZipVisa does not independently prepare, verify, or submit DS-160 applications to any government agency.
• Any errors, omissions, or inaccuracies in a DS-160 application — whether arising from worker-provided data, Agent or Employer review failures, or technical issues — are the sole responsibility of the submitting party.
• ZipVisa makes no representation that a DS-160 generated through the Platform will be accepted, approved, or deemed complete by U.S. Citizenship and Immigration Services (USCIS), the U.S. Department of State, or any other government authority.

11.3  Form I-9 and I-94 Specific Disclaimer

ZipVisa expressly disclaims any and all liability related to the automated I-94 retrieval and Form I-9 auto-population features of the Platform. Specifically:

• ZipVisa retrieves I-94 data made available by U.S. Customs and Border Protection and does not control, generate, or guarantee the accuracy or availability of that data.
• ZipVisa’s retrieval of I-94 data is an automated technical function performed using information you provide; ZipVisa does not exercise judgment or discretion in this process and is not your agent or representative before CBP or any other government authority.
• The Platform auto-populates a draft Form I-9 using data extracted from Worker-uploaded passports, visas, and the retrieved I-94 record solely as a convenience; this draft must be reviewed and confirmed by the Worker and independently reviewed, verified, and attested to by the Employer before it is relied upon or used for any legal or compliance purpose.
• ZipVisa does not independently verify the accuracy of any Worker-uploaded documents or auto-populated I-9 information, and is not responsible for any errors, omissions, penalties, fines, or adverse action arising from a Form I-9 processed through the Platform.
• The Platform’s photo compliance processing standardizes the background of Worker-uploaded photographs to help meet visa photo requirements but does not guarantee that any photograph will be accepted by any government authority. ZipVisa does not alter, retouch, or otherwise modify a Worker’s face or other facial features as part of this processing.

11.4  Employment Relationship Disclaimer

ZipVisa verifies, on a one-time basis at the time an Employer joins the Platform, that the Employer holds current certification from the U.S. Department of Labor as an H-2 employer. This certification confirms only that the Employer met the U.S. Department of Labor’s requirements to petition for H-2 workers at that time; it is not ZipVisa’s endorsement, vetting, or guarantee of the Employer’s conduct, and ZipVisa does not re-verify, continuously monitor, or otherwise investigate or vet any Employer’s certification status or conduct after that initial check.

Once a Worker is connected with an Employer through the Platform, ZipVisa is not a party to, and is not responsible for, any aspect of the resulting employment relationship, including wages, hours, working conditions, treatment, termination, or any dispute between Worker and Employer. Workers who believe an Employer has violated applicable labor or employment law should report the matter to the U.S. Department of Labor or another appropriate government authority.

11.5  Exclusion of Consequential and Other Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZIPVISA, INC. OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, punitive, or exemplary damages;
• Loss of profits, revenue, data, business, goodwill, or anticipated savings;
• Damages arising from visa denials, employment outcomes, immigration decisions, or reliance on Platform-generated content;
• Damages arising from unauthorized access to or alteration of your data or account;
• Any other damages or losses arising out of or related to your use of or inability to use the Platform.

THESE EXCLUSIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — AND EVEN IF ZIPVISA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.6  Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPVISA’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL FEES PAID BY YOU TO ZIPVISA IN THE THREE (3) MONTHS PRECEDING THE CLAIM. DURING ANY FREE ACCESS OR BETA PERIOD, THIS AMOUNT SHALL BE ZERO.

We may suspend or terminate your account for any violation of these Terms. Workers, Employers, and Agents may each delete their account at any time through the Platform’s account settings or by contacting ZipVisa at info@zipmi.ai, without needing to provide a reason. Upon termination or account deletion, your access to your data may be permanently deleted.

You agree to indemnify, defend, and hold harmless ZipVisa, Inc. and its officers, directors, employees, contractors, agents, affiliates, successors, and assigns (collectively, the "ZipVisa Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to:

• Your access to or use of the Platform or Services;
• Any information or content you submit, provide, or transmit through the Platform, including any DS-160 application data;
• Your violation of this Agreement or any applicable law or regulation;
• Your infringement of any third-party right, including intellectual property, privacy, or employment rights;
• Any dispute between you and a Worker, Employer, Agent, or other third party arising from use of the Platform.

This indemnification and hold harmless obligation applies to the fullest extent permitted by law and survives termination of this Agreement. ZipVisa reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with ZipVisa’s defense of such claim.

ZipVisa is not liable for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, internet outages, labor strikes, pandemics, or government restrictions.

You agree not to use the Platform in violation of U.S. export control laws, including restrictions against use in embargoed countries or by persons on the U.S. Treasury’s list of Specially Designated Nationals.

With your prior written consent, ZipVisa may identify your company as a client and publish case studies or testimonials about your experience using the Platform.

You and ZipVisa agree to maintain the confidentiality of any non-public technical, financial, or business information disclosed during use of the Platform, except where disclosure is required by law or court order. This obligation will survive termination of this Agreement.

18.1  Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

18.2  Mandatory Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR YOUR USE OF THE SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT IN A COURT OF LAW, EXCEPT AS SET FORTH BELOW.

Arbitration shall be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, as modified by this Agreement, and shall take place in Wilmington, Delaware. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The following are excluded from mandatory arbitration and may be brought in a court of competent jurisdiction: (a) claims for injunctive or other equitable relief to protect intellectual property or enforce the non-competition provisions of this Agreement; and (b) small claims court matters within applicable jurisdictional limits.

18.3  Waiver of Jury Trial

BY AGREEING TO THESE TERMS, YOU AND ZIPVISA EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PLATFORM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18.4  Class Action Waiver

All disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any class or representative proceeding.

18.5  Governing Language

This Agreement is written in English, and the English language version shall govern and control in all respects. Any translation of this Agreement into another language is provided for convenience only. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.

18.6  Worker Protections

If you are a Worker, nothing in this Section 18 shall be construed to waive any right or protection that cannot be waived by contract under the law of your country of residence, and this Section applies to you only to the extent permitted by that law.

If any provision of this Agreement, including without limitation Section 18 (Governing Law, Binding Arbitration & Language), is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be so modified, shall be severed from this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect.

You may not assign, transfer, or delegate your rights or obligations under this Agreement, in whole or in part, without the prior written consent of ZipVisa. ZipVisa may freely assign this Agreement, including all rights and obligations hereunder, to any affiliate, successor entity, or acquirer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without notice to or consent from you. Any attempted assignment in violation of this section shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

If you have questions, contact us at: info@zipmi.ai