Last Updated: March 19, 2019
Zero Messenger is a live messaging app focused on privacy and security ("Zero Messenger”). Zero Messenger uses the latest multi ratchet encryption technologies and proprietary methods to protect your data from inception, through transit, to delivery, but never retains any of your messages, contacts or data on its third party servers. Zero Messenger is owned and operated by Imagination Room Company Ltd. (“IR”, “we”, “us” or “our”). These Terms of Service, together with the other documents referenced and linked below (collectively “Terms of Service”), describe your rights and responsibilities concerning your use of our products, including Zero Messenger (including all updated and subsequent versions of the application) (“Products”) and our services, including our website ZeroMessenger.com (“Services”). References to “you” or “your” in these Terms of Service are references to any user of our Products or Services on any of your devices. Your use of our Products or Services, including accessing and using our website or using Zero Messenger (the “App”), constitutes your acceptance of these Terms of Service and forms a legal contract. Before using our Products or Services, please read these Terms of Service carefully as they contain important information about your use of our Products or Services. If you do not agree with some or all of these Terms of Service, or are not of the age of majority in your province of residence in Canada, state of residence for users within the United States, or the age of majority in your jurisdiction, do not use our Products or Services.
Accordingly, the parties agree as follows:
Imagination Room through its development and operation of its Product, Zero Messenger, has set out to
create a safe place for users to have private and secure communications from a distance. Zero Messenger
provides a secure platform for you to have these private communications while not collecting any
information, data, or accessing the contents of those communications. Therefore we do not know who is
communicating with who or what is being sent between our users. As such, we do not monetize your
information or sell ads. We DO NOT have the ability to access your messages, so you are responsible for
keeping your use safe and secure.
2. Eligibility and Access
By using or accessing our Products or Services, you represent and warrant that you are of the age of majority in your jurisdiction and that you can lawfully enter into and form contracts in accordance with local laws. Access to Zero Messenger is through the Apple App Store or Google Play (“Third Party Store”) and a subscription fee will be charged for use of Zero Messenger through these Third Party Stores. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store or other web sites or web pages. We do not have access to any payment information provided to the Third Party Store. Cancellation and billing will be addressed through your mobile application platform or Third Party Store.
3. Your Content
Zero Messenger may allow you to transmit, share, post, provide, display, upload or otherwise make available data, text, images, files, usernames, audio, video, applications, links and other materials and content (“Content”), which may be viewed through our Products or Services. You are solely responsible for your Content.
You will not use our Products or Services in ways that violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information or other intellectual property rights (“Intellectual Property Rights”).
4. Your use of our Product or Services
You may use our Product or Services only for lawful purposes and in accordance with these Terms of Service and all applicable laws. Your access to Zero Messenger is device based: if you lose your device, you will have to commence using Zero Messenger on your new device and add your contacts again. Note that Zero Messenger does not provide access to emergency service providers (police, fire or ambulance). You shall be solely responsible for all violations of any relevant laws and for any infringement of third-party rights caused by your Content and for all violations of these Terms of Service. By using our Products or Services:
- you shall not transmit Content or use our Product or Services for illegal purposes;
- you are solely responsible for your interaction with other users of our Products or Services, whether online or offline and for your interaction with third party service providers referred to in or by our Products or Services. Neither IR nor any third party is responsible or liable for the conduct of any user or any third party service provider;
- you are solely responsible for all data charges you incur through the use of our Products or Services;
- you shall not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of our Products or Services, introduce any viruses, Trojan horses, worms or other materials that are technologically harmful or solicit or otherwise attempt to collect, store or otherwise disseminate passwords;
- you acknowledge that we do not endorse, nor are we responsible for, any user Content or other information submitted, posted or otherwise provided on or through our Products or Services by users; and
- you shall not use our Products or Services in any way that violates any applicable federal, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data to and from Canada or other countries).
We grant you a limited, non-exclusive, non-transferrable, and revocable license to use our Products or Services for your personal, non-commercial purposes. You may not rent, lease, lend, sell, transfer redistribute, or sublicense our Products or Services. You shall not copy (except as expressly permitted by this license), decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of our Products or Services, or any part thereof. You may use any materials or other information (collectively, “Materials”) provided to you as part of our Products or Services solely in connection with your use of our Products or Services and in accordance with these Terms of Service.
These Terms of Service will govern any update, upgrade and subsequent versions provided by us that replaces and/or supplements the original App, unless such update or upgrade or subsequent version is accompanied by a separate license in which case the terms of that license will govern.
6.Changes, Maintenance and Support
We reserve the right, in our sole discretion, to change, modify, edit, update, substitute, suspend or remove, without notice to you, our Products or Services or any Materials from time to time. Your access to our Products or Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new functions or services. We will attempt to restore such access as soon as we reasonably can. You acknowledge that we have no obligation to provide any maintenance, updates or support for our Products or Services, except where required by applicable law.
7. Review of Content
We do not monitor, review, edit, modify, disclose, refuse to post, or remove at any time, any materials or Content accessible on or from our Products or Services. We are under no obligation to remove such material or Content and assume no responsibility or liability arising from or relating to any actions or Content submitted or transmitted by you, a third-party or between you and a third-party, within or outside of our Products or Services, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, breach of privacy, or infringement contained in or resulting from such materials and Content.
8. Intellectual Property Rights
Except as otherwise provided under these Terms of Service, you do not acquire hereby any Intellectual Property Right in or relating to our Products or Services and any Materials you access or use through our Products or Services. Our Products or Services contain Materials owned or licensed by us. As between you and IR, we own and retain all rights in and to our Products or Services and Materials. You shall not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying our Products or Services and Materials, and you shall not use, copy, distribute, display, make available to the public, broadcast publish, modify or create derivative works of our Products or Services or Materials, except in connection with using our Products or Services in accordance with these Terms of Service.
Any rights not expressly granted in these Terms of Service are expressly reserved.
9. Linked Materials and Third Party Service Providers
Materials provided through our Products or Services contain links to material and services on third party websites (“Linked Materials” and “Linked Services”). Such Linked Materials and Linked Services are not under our control and we are not responsible for the content of any Linked Materials nor the provision of any Linked Services. The links to other websites are provided for convenience purposes only and we do not purport to sponsor, approve or endorse any of the Linked Materials or the Linked Services. The third party provider of the Linked Services (“Third Party Service Provider”) is solely responsible for the Linked Materials and the Linked Services.
You expressly acknowledge that use of our Products or Services, including any Materials and Content, and the Linked Materials and the Linked Services is at your sole risk and that the entire risk of satisfactory quality and performance is with you. Our Products or Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind. Any warranties (if any) regarding the Linked Materials or the Linked Services are provided by the Third Party Service Provider. TO THE FULLEST EXTENT PERMITTED BY LAW, IR, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, MEMBERS AND SUPPLIERS (THE “IR PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO Our Products or Services, MATERIALS AND CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT ANY PARTICULAR RESULT (OR ANY RESULT) BE OBTAINED THROUGH USING Our Products or Services. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE MATERIAL, CONTENT, PRODUCTS, SERVICES, LINKED MATERIALS OR LINKED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT Our Products or Services WILL OPERATE WITHOUT INTERRUPTION OR ERROR OR MEET YOUR EXPECTATIONS. WE ASSUME NO RESPONSIBILITY, AND ARE NOT LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT, DATA OR OTHER PROPERTY AS A RESULT OF YOUR INSTALLATION OF, ACCESS TO, USE OF OR BROWSING ON Our Products or Services OR YOUR DOWNLOADING OF ZERO MESSENGER OR ANY MATERIAL, OR INABILITY TO DO ANY OF THE FOREGOING. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY USERS OR THIRD PARTIES AND YOU RELEASE THE IR PARTIES FROM ALL CLAIMS, COMPLAINTS OR CAUSES OF ACTION RELATED TO OR ARISING FROM ANY SUCH CLAIM THAT YOU MAY HAVE AGAINST A USER OR A THIRD PARTY.
11. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL IR, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF Our Products or Services, YOUR USE OR RELIANCE ON ANY MATERIAL, CONTENT, THE LINKED MATERIALS OR THE LINKED SERVICES OR ANY CONSEQUENCES FLOWING THEREFROM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH Our Products or Services, MATERIAL, CONTENT, THE LINKED SERVICES OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR PRODUCTS AND SERVICES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ACCORDINGLY, TO THE EXTENT THAT ANY EXCLUSION OF WARRANTIES OR LIMITATIONS OF LIABILITY DO NOT APPLY IN CERTAIN JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS ($50).
You shall indemnify, defend and hold us, our affiliates, directors, officers, suppliers and employees, harmless from and against all claims, causes of action, demands, costs, expenses (including reasonable legal and professional fees), liabilities, damages, losses brought against, suffered or incurred by us due to, arising out of or in connection with your use of our Products or Services, the Linked Materials, the Linked Services, or your breach of these Terms of Service.
If we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of these Terms of Service. In addition, in the event we are made a party to any claim, suit or action relating to or arising from our Products or Services that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses incurred by us in response to such claim, suit or action, including, without limitation, all legal fees and expenses incurred by us with respect to such response.
These Terms of Service constitute the entire agreement between you and us with respect to our Products, Services, Materials, Content and any information obtained through our Products or Services or by communication with our personnel. If any provision of these Terms of Service is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that provision will be interpreted in a manner consistent with applicable law as nearly as possible to our original intentions and the remaining provisions of these Terms of Service will remain valid and enforceable. Our failure to exercise or enforce its rights under these Terms of Service does not waive our right to enforce such right(s). Any waiver of such rights will only be effective if it is in writing and signed by us. These Terms of Service may be assigned by us at any time, including to an affiliate or in connection with a sale of all or part of the business or undertaking of IR. You shall not assign or otherwise transfer, by operation of law or otherwise, any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms of Service, without IR’s prior written consent. No delegation or other transfer will relieve you of any of your obligations or performance under these Terms of Service. Any purported assignment, delegation or transfer in violation of this Section is void.
These Terms of Service are governed and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You submit to the exclusive jurisdiction of the courts of British Columbia, Canada and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Service or the use of our Products or Services.
Access to our Products or Services from locations where our Products or Services, Materials, Content or Linked Materials and Linked Services are illegal is prohibited. It is your responsibility to determine whether your use of our Products or Services is lawful and you must comply with all laws applicable in your jurisdiction. We reserve the right to limit the availability of our Products or Services or any portion of our Products or Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You represent and warrant that you are not located and will not use the App in a country that is (a) subject to a Canadian or U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. or Canadian Government list of prohibited or restricted parties. You may not export or re-export the App except as authorized by Canadian and United States law and the laws of the jurisdiction(s) in which the App was obtained
14. Updates to these Terms of Service
We will post a notification on our website in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, will be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the website. Please check these Terms of Service periodically for changes. Your continued use of our Products or Services following our posting of any changes to these Terms of Service means that you accept those changes. If you do not agree, you must immediately stop using our Products or Services.
The provisions of these Terms of Service which should, by their nature, survive the termination will survive such termination including, but not limited to this Section and Sections 1, 3, 4, 9, 10, 11, 12, 13, 14, and 15.
16. Contacting Us
Should you have any questions, complaints, or claims relating to our Products or Services, please contact us at firstname.lastname@example.org.
17. Notice Required by California Law
Under California Civil Code § 1789.3 California users of the Products or Services are entitled to the following specific consumers’ rights notice:
The name, address and telephone number of the provider of the Products and Services is:
- Imagination Room Company Ltd.
- PO Box 48163 Bentall
- Vancouver, BC CanadaV7X 1N8
Requests for information or complaints regarding the Products or Services may be sent to the above address as well as email@example.com.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: March 19, 2019