Last updated on January 12th. 2017
Terms of Service
This Agreement sets the Terms of Service between and the User (“you”, “your”) of this application related services run under the brand No Zero Balance.
What We Do
NoZeroBalance (NZB) is a social monitoring mobile application to help you keep the balance of your mobile phone positive by creating an interaction between you and your contacts that are on NZB. With NZB you can also earn free mobile credits from our partnerships with third parties.
Subject to your compliance with the Terms and Conditions, NZB grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal mobile devices (each, a “Device”) for the sole purpose of personally using the NZB application.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to NZB and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to NZB and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. NZB hereby expressly reserves all rights in the Software and Services which are not expressly granted to you hereunder.
You may use the Software solely for purposes of enabling you to use and enjoy the Services, and as permitted by the Terms and Conditions. You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs or transfer it for use with another service or program; (iii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (v) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; (vi) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.
You further represent that you shall not (i) use the Software or any of the Services in violation of any applicable law or for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Software or any of the Services in a manner that sends more request messages to the NZB servers than a human can reasonably produce in the same period of time manually, (iv) transmit invalid data, worms, viruses or any code of a destructive nature, (v) use the Software or any of the Services to transmit to any recipient any unsolicited text messages, emails or telephone calls of any kind, including, without limitation, any chain letters, materials related to any political campaigns, commercial advertisements or solicitations or mass mailings, (vi) use the Software or any of the Services to transmit text messages, emails or telephone calls to any recipient unless the recipient has expressly consented in advance to you contacting such recipient through the Software or any of the Services, (vii) display, transmit or share any content consisting of data, text, sounds, audio, pictures, photos, video, sound recordings, musical works, narration, works of authorship and/or any type of materials, information or communications (“Content”) deemed unlawful, harmful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libellous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (viii) attempt to hack, destabilize, adapt or otherwise interfere with NZB’s website, the Software (or its source code) or any of the Services, or alter another website or mobile app so as to falsely imply that it is affiliated with NZB, (ix) collect or harvest any personally identifiable information, including account names, from the Software or any of the Services, (x) use a false phone number or email, or impersonate another person or entity, or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; or (xi) use or access any of the Services by any means other than through the interface provided by NZB.
Your Use of Your Device
If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to your obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services on your Device will do so in accordance with the Terms and Conditions. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
Third-Party Sites, Products and Services; Links
(i) The Services may include links or references to third-party web sites or applications offering products or services, including games, applications, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by NZB (“Reference Sites“). The Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read the terms and conditions and privacy policies of any Reference Sites that you visit or use.
(ii) NZB does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve NZB from any and all liability arising from your use of any Reference Sites. NZB is not responsible for and does not control or guarantee: (a) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (b) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (c) the availability of Reference Sites; or (d) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.
Usage & Contact
The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.
Availability and New Versions of the Software
NZB may, without prior notice, stop providing the Software, features of the Software, and/or any of the Services, to you or to users generally, or create usage limits for the Software or any of the Services. NZB, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services without notice. NZB has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software or Services. You acknowledge that NZB may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software or Services and, accordingly, may modify, update or upgrade the version of the Software or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
NZB is a free of charges service.
However you might incur fees that are not from NZB while using the mobile operator service, such as transferring money, topping up other phones, using their service. The fees and conditions can be found on your mobile operator website.
We reserve the right to charge for our free of charges service for any abuse of our free service. Such charges will be disclosed to you prior.
Using the Service on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator as the case may be. Out-of-country usage may in any event lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
Third Party Fees
NZB may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to connect. Some of these services may charge additional fees.
Mobile top up as a reward
The Top Up you are receiving as a reward is originally provided by our partner telecoms providers. We test and make sure to the best of our knowledge that the service is fully functional, but cannot provide guarantee for the service. We provide the Top Up Service on a best efforts basis. Events beyond our control may affect our Service, such as power problems, fluctuations in the internet, your ISP or broadband service, security or maintenance issues. The Top Up Service might be adversely affected if too many people try to use the Network at the same time, we do not warrant that ongoing Top Ups or completed will not be dropped. We will act in good faith to minimize disruptions to your use of and access to our Service. No guarantee is made to you by us that any or all the Top Ups will function.
We reserve the right to refuse a top up from any person, company or any other body where the strict conditions of our security and fraud prevention measures are not met. In some cases this may mean any order is delayed for manual verification and or processing, or could be declined if deemed appropriate by our internal security team. At our discretion, we may refuse to provide any part of our Service to you. Additional mobile operators and/or Top Up denominations may be added or removed at any time without prior notice. Fees and costs can change at any time depending on the evolution of the commercial conditions such as network operators or payment service providers' charges.
You can use the Pre-paid Top Up Service to order top ups as follows. Request is processed immediately and confirmed, and airtime will be added usually within seconds although this may take up to twenty-four (24) hours. Where a top up is ordered and accepted by us, you will be unable to cancel the order. You are responsible for the mobile number you transfer airtime to and all charges that result from those transfers. We are not responsible for any transfer of airtime to an incorrect mobile number. You must ensure that the prepaid mobile number to recharge you entered is accurate. All transfers of airtime are final with no refund or exchange permitted. We shall not be responsible for any delay or failure to provide the Top Up Service for reasons beyond our control.
The Top Up Service is a consumer service. No resale of any of our Services is permitted unless expressly authorized in writing by us. If you do use the Top Up Service for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the Top Up Service is faulty or cannot be used by them.
If you experience difficulties in using our Service, please contact us. To get the fastest and most accurate answer, when writing to our support team, please provide us with precise information such as but not limited to date, time, your Account, nature of the problem you are experiencing, and screen captures.
Maintenance & Upgrades
Sometimes our Network infrastructure requires to be taken offline for the purpose of maintenance or upgrades. Also it is possible that emergency maintenance and/or upgrades need to be performed immediately without any notification to ensure the stability, security or availability of our infrastructure. You cannot hold us responsible for the downtime of these events. We can ask any third party for assistance.
The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Software or Services by anyone under thirteen (13) is unauthorized, unlicensed, and in violation of the Terms and Conditions. NZB may terminate your account, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under the required age in the prior sentence. If you are under the age of majority in your jurisdiction you may use the Software and Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in the Terms and Conditions. The Software and Services are not intended for use by any user previously removed from any of the Services by NZB.
Prevention of Unauthorized Use
NZB reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
NZB may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.
Without limiting any other remedies, NZB may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of the Software and/or Services (including without limitation any Premium Services), with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if NZB believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that NZB is under no obligation to provide the Services, including without limitation any Premium Services, and that no NZB Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NZB, ITS LICENSORS, ITS AGENTS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING NZB, COLLECTIVELY THE “NZB PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, ACTIONS, LOSSES, LIABILITY, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THE TERMS AND CONDITIONS OR ANY APPLICABLE LAW, RULE OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY OTHER PARTY’S ACCESS AND USE OF THE SOFTWARE, SERVICES AND/OR CONTENT WITH YOUR PHONE NUMBER OR USERNAME, OR (F) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF NZB). NZB reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify NZB, and you agree to cooperate with NZB’s defence of these claims. You agree not to settle any matter without the prior written consent of NZB.
The Software and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. To the maximum extent permitted by law, the NZB Parties hereby disclaim all warranties, terms, and conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. You further acknowledge that the NZB Parties (and if you downloaded the Software from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.
THE NZB PARTIES DO NOT WARRANT THAT THE SERVICES OR THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES, WILL BE UNINTERRUPTED, UP-TO-DATE, COMPLETE OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE NZB PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.
HARM TO YOUR DEVICE
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE SERVICE OR ANY CONTENT.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NZB PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY DAMAGES OR LOSSES FOR LOST REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS OR DEVICE OR COMPUTER FAILURE OR MALFUNCTIONARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THE TERMS AND CONDITIONS OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF NZB OR ANY OTHER NZB PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NZB PARTIES EXCEED THE AMOUNT YOU PAID TO NZB FOR ANY PRODUCTS OR SERVICES PURCHASED FROM NZB ON ANY OF THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the NZB Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS, SOFTWARE, SERVICES OR CONTENT SOLD OR PROVIDED BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND NZB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT NZB HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NZB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NZB. NZB WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You acknowledge and agree that any comments, suggestions, or feedback relating to the Software or any of the Services (“Feedback“) submitted to NZB are gratuitous, unsolicited and without restriction, and shall become the property of NZB. NZB will have exclusive ownership of all rights to the Feedback. NZB will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. NZB will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
The Software and Services are hosted in Switzerland and by using the Software and/or any of the Services, if you are located in the European Union, Asia, the United States of America or any other region with laws or regulations governing personal data collection, use and disclosure that differ from Swiss law, then you understand and consent to the processing of personal information in Switzerland.
NZB may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the NZB website. Notice will be deemed given twenty-four (24) hours after email is sent, unless NZB is notified that the email address is invalid. Notice posted on the NZB website is deemed given ten (10) days following the initial posting. NZB reserves the right to determine the form and means of providing notifications to our users.
Ability to Contract
You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and Conditions, and to abide by and comply with the Terms and Conditions.
You are not allowed to assign any of the Terms and Conditions or any rights or obligations thereunder. Any attempted transfer or assignment in violation thereof shall be null and void. NZB is allowed at its sole discretion to assign any of the Terms and Conditions and any rights thereunder to any third party, without giving of notice.
The failure of any NZB Party to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by NZB.
Intellectual Property Rights
Any and all our names, trademarks, copyright, brands and logos belong or are licensed to us as Intellectual Property (“IP”) and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy our names, trademark, pictures, brands and logos, or copy any of our manuals or documentation. We grant you as a user a revocable, non-transferable and non-exclusive right to use the IP related to the Services provided by us strictly for the proper use of our Services, in accordance with, and for the duration of the Agreement. We or our licensor fully retain the rights to all corresponding IP rights. If you infringe the IP rights of third parties and we are held liable, you shall hold harmless and indemnify us in full against any such claims.
You acknowledge that the obligations made hereunder to NZB are of a unique and irreplaceable nature, the loss of which shall irreparably harm NZB and which cannot be replaced by monetary damages alone so that NZB shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
This Agreement, including any future modifications to its terms, informational support for services found on the Application, constitutes the entire Agreement between you and us. This Agreement governs your use of our Services and the use of our Services by anyone who has access to our service. This Agreement supersedes any prior agreements between you and us. It also supersedes all prior or contemporaneous statements, understandings, writings, and commitments. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. The original English version of these Service conditions may have been translated into other languages. The translated version is a courtesy only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these Service conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
If any of the provisions of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.
This Agreement shall be governed by and construed and interpreted in accordance with the Laws of Switzerland and the parties hereto agree to submit to the exclusive jurisdiction of the Swiss Courts in Geneva.