NIZA Terms of Service

Non-binding summary of ToS This is an overview of some of the important rights and obligations as set out in the Articles below. It serves as a quick reference, which means that the summary is not meant to be complete and that only the numbered Articles of these Terms of Service below are legally binding. Therefore, please read these Terms of Service thoroughly for a full understanding of your rights and obligations Your rights: We provide you a license to install the App on your Device for your own personal use; You may use the App if your 18 years or older and on the further conditions mentioned in Article 2.1; You may terminate your use of the Service and the App at any time by deleting your account; You may purchase Premium Services or paid Content. Your rights related to Premium Services or Paid Content are set out in Article 7. Participation in our Loyalty programme. Your obligations: While using the App, you must comply with the Community Guidelines. You may not use the App for illegal purposes or for the purpose of harming the App or its users in any way. You may not mislead other users of the App, which among other things means that you may not use fake profiles or impersonate others. Although it is prohibited, you should be aware that other users may attempt to mislead you by using fake profiles or by impersonating others; You are responsible for the Content that you share. Other users are responsible for the Content they share in the same way. We do not endorse any Content. You are responsible for reading our Privacy Policy and understanding its terms. The following subjects will be discussed in these Terms of Service: 1.Introduction 2.Eligibility 3.Description of the App and the Services 4.Intellectual Property 5.Content and Behaviour 6.Your Data 7.Premium Services and paid Content 8.Third Parties 9.Termination 10.Liability 11.General Introduction 1.1 Please read carefully the following provisions of these Terms and Conditions of Use (“Terms”) to ensure that you understand its contents before you use our software programs and related documentation (the “App”) and any of the services enabled by the App (the “Services”). App and Services are referred to together as (“Products”) 1.2 Should you require any further information or technical support, please send an email to [email protected] 1.3 You may use the Products only in compliance with these Terms and all applicable laws, rules and regulations and you may only use the Products if you agree to form a binding contract with us. This is a legal agreement made between you and Velo software (“we”, “us” or “our”), with registered office at Nagpur India regarding the use of the Products on your device. By registering yourself to use the Products you enter into an agreement with us. If at any time you do not agree to these Terms of Service (“Terms”) or our privacy policy, please stop using the Products. 2. Eligibility 2.1 You may only use the App and/or Services if you are eighteen (18) years of age or older and not barred from using the App or receiving the Services under the laws of the applicable jurisdiction, and have the legal capacity and authority to enter into this Agreement and form a binding contract with us; You may not use the Products if you are under 18. You may not use the Products if you have been a convicted sex offender, accused or convicted of any human trafficking or modern slavery crime; lacking legal capacity; or legally prohibited, in any way, to use the Products by the laws of the country you reside in. You may not use the Products if you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and if you are listed on any U.S. Government list of prohibited or restricted parties. 2.2 Any use, registration or access to the Products by a person who does not fulfill the eligibility requirements above is unauthorized, unlicensed, and in violation of these Terms. 2.3 You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms, and to abide by and comply with the terms and conditions of these Terms. 2.4 We may terminate your account, delete any Content or information that you have posted on the Services, and/or prohibit you from using or accessing the Products (or any part of the Services) if it believes that you do not fulfill the eligibility requirements above. functionality, address changes to the operating system or address security issues. 3.3 You may have to agree to a renewed version of the Terms in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the App. 3.4 You acknowledge that we may automatically issue any additional features, functions, modifications, updates or upgraded versions of the App and, accordingly, may modify, update or upgrade the version of the App 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. 3.5 We have no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the App or any of the Services No Access to Emergency Services 3.6 The Products are not intended to replace phone lines and as such are not built to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). 3.7 There are important differences between traditional telephone services and the Products. You acknowledge and agree that: I:We are not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; Ii:it is your responsibility to purchase, separately from the App, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, iii:We are not a replacement for your primary telephone 4. Intellectual Property Ownership 4.1 Our Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Our Products include trade secrets and information that is confidential and proprietary to us and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Products, including any related documentation and any new releases, modifications, and enhancements thereto, belong solely to us or our licensors, if any, including all intellectual property rights therein. The App is licensed to you, not sold. Except as provided in these Terms, you shall not obtain any rights, title or interests in them, and shall not modify, copy, rent, lease, loan, sell, distribute or create derivative works based on them (either in whole or in part). There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right subsisting in the App and/or Services. We hereby expressly reserve all rights in the App and all Services, which are not expressly granted to you hereunder. License Grant 4.2 Subject to your compliance with these Terms, we grant you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the App, in object code format, only on your personal computer or mobile device (the “Device”) for the sole purpose of your personal use of the App and any other applications that may be explicitly authorized by us for use through the App as permitted by these Terms. 4.3 By submitting, posting or displaying Content on or through the Products, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to others who may do the same. You agree that this license includes the right for us to provide, promote, and improve the Products and to make Content submitted to or through the Products available to other users, companies, organizations or individuals for the broadcast, distribution, promotion or publication of such Content on other media and services – for example our Apps and Services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you, transmit or otherwise make available through the Products as the use of the Products by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. License Restrictions 4.4 Unless applicable law expressly provides you with the right to do so, you shall not, and you shall not permit anyone else to, directly or indirectly: i:copy, modify, adapt (including using in a collection), translate into any language, perform, communicate with public via tools transmitting signs, audio and visuals, distribute, or create derivative works based on the App or any of the Services; ii:sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the App or Service and any attempt by you to take such action shall be void; iii:decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, database or algorithms of the Products by any means whatsoever. iV:remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the App or any of the Services; v:use the Products to create or proliferate any virus or to circumvent any copy protection or other digital rights management mechanism . Content and Behaviour Prohibited behaviour 5.1 You may not: i:use the Products for any illegal or unauthorized purpose; use the Products in any manner which could damage, disable, ii:overburden or impair the App or any of the Services; iii:use the Products to transmit worms, viruses or any code of a destructive or malicious nature; iv:display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed by us to be hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that exhibits physical violence or encourages conduct that would be considered a criminal offense or bring forth civil liability; attempt to hack, destabilize or adapt our website, the App (or its source code) or any of the Services, or to falsely imply that another website, app or service is affiliated with our Products; v:use or access the Products by any means other than through the interface provided or as required by us. 6)Your data 6.1 We process and store your data in compliance with Our Privacy Policy 6.2 You understand that we can use carrier distributed mobile messaging (SMS) to verify ownership of registered mobile phone numbers in relation to the users of the App or Services. We use carrier distributed mobile messaging for verification purposes and we will do so only in accordance with its Privacy Policy 6.3 We will use reasonable efforts to store or otherwise retain your Content in relation to the Products. 6.4 You can choose to provide comments, suggestions, or feedback relating to the Products (the “Feedback”) to us through the Feedback submission channels provided to you or the “review” pages of the Application Stores. You agree that we will have an exclusive license to all rights to the Feedback and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation or attribution to you or any other person. we will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Products (or any changes, modifications or corrections thereto) by virtue of any Feedback. You also acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright 7. Premium Services, Paid Content, Loyalty Programme Premium Services and other paid Content and items We work with Google and Apple to ensure that any payments and refunds are managed effectively and according to the terms and conditions in these Terms of Service and our Privacy Policy. You can also contact our procurement company GoQu n Limited for any payment queries, issues and payment support via the email [email protected] and address Office no 23, Nagpur India 7.1 From time to time, we may provide additional features and/or Services that you request and pay for (“Premium Services''). We may also offer from time to time in its sole discretion, certain Premium Services and certain paid Content and items as part of the Products for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references made in these Terms to the “Services'' shall include the Premium Services and all types of paid Content and items offered under the Services. 7.2 Any payment for the Premium Services and any paid Content and items offered under the App or Services that you purchase will first be made using the paid coins that you have purchased via the App. Only after all of your paid coins have been consumed, you then may use your free coins (if any) to pay for such Premium Services and paid Content and items. 7.3 Subject to our sole discretion, the Premium Service and paid Content and items under the App or Services may be offered either on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable either in advance, in arrears, per usage, or as otherwise described at the time of your purchase. 7.4 If you purchase any Premium Service and/or any paid Content and items offered under the Services or App, you hereby agree to pay all charges to your account, including all applicable taxes and transaction costs, in accordance with our standard billing terms in effect at the time the charges are payable, regardless of whether such costs are charged by the Application Stores. Before your purchase, the full and final price of any Premium Service and/or any paid Content will be displayed. 7.5 You agree to abide by any relevant third parties’ terms of service or other legal agreements that govern your use of a given payment processing service and/or method in relation to the App or Services. 7.6 If you purchase Premium Services and/or any paid Content and items under the Services on a subscription basis, you acknowledge and agree that payments will be made on a recurring basis and by the payment method and payment intervals you have selected, until such subscription for Premium Services and/or paid Content and items is terminated. 7.7 You agree that if you purchase Premium Services and/or any paid Content and items through an Application Store, all payment related questions, issues, disagreements and/or disputes regarding that transaction with an Application Store shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will we have any responsibility in connection with any of the foregoing. You shall indemnify and hold us harmless from any Application Stores’ claims as mentioned under this paragraph, even if a court or administrative agency decides that we are be liable for such question, issue, disagreement or dispute. 7.8 We may use personalized pricing, that may be dependent on your location or the payment channel that you use. Refunds 7.9 When you purchase any Premium Service and/or any paid Content or item, you purchase digital content that we supply. Before you make the purchase, you consent to us immediately performing the Service or delivering the Content or item after your purchase. As a consequence of this consent, you can no longer request a refund for that particular Service, Content or item based on your right to withdraw from a consumer purchase. The following Articles 7.10 and 7.11 only apply in a situation where you made a purchase without giving consent to immediately perform the Service or deliver the Content of the item. 7.10 You may request a full refund for any Premium Service and/or any paid Content and item purchased from an Application Store if permitted by, and pursuant to the refund rules of the Application Store, subject to the following exceptions: (1) refunds are not available to users who are banned by us and/or its community; and (2) refunds are not available for partially used purchases. 7.11 You may request a refund for any Premium Service and/or any paid Content and item purchased outside of the Application Store within 14 days of purchase by contacting our customer service (see contact details at Article 1.3 above) or by filling in the form attached to these Terms and Conditions, subject to the following exceptions: (1) refunds are not available if they are not permitted by payment channels and/or platforms; and (2) full refunds are not available for partially used purchases. You acknowledge that, upon a successful request, your money will be refunded in the same manner you used to make the original payment. 7.12 Loyalty Programme 7.12.1 As part of your use of the App and the Services you are automatically part of the App loyalty programme, which rewards you for your use of the Services according to the Loyalty programme terms. You will receive updates regarding your Loyalty programme rewards via the Loyalty programme notification. You will also see the Loyalty programme rewards in your account in the App. 7.12.2 The Loyalty Programme will send to you notifications only about your rewards. 7.12.3 The Loyalty Programme may be changed, amended or cancelled by us at anytime and in our sole discretion. 8. Third Parties Third Party Technology 8.1 The App may be incorporated into, and may itself incorporate, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the App falls under the scope of these Terms. 8.2 The App may give you access to add music to your connections and video calls. The music is supplied by our third-party providers and may only be used in connection with the App and in accordance with their terms and conditions. Any misuse of their products and services is strictly prohibited. Third Party Fees 8.3 For particular Devices, we may ask for your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Products and with whom you choose to communicate. Some of these services may charge additional fees, which shall be incurred solely at your own cost and risk. Third-Party Sites, Products and Services 8.4 The Services may include links or references to other web sites or services solely as a convenience to our users (“Reference Sites”). We do not endorse any such Reference Sites. Access and use of reference sites, including the information, materials, products, and services on or available through Reference Sites is accessed and/or used solely at your own risk. 8.5 Your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertisers. We are not responsible for or a party to any agreement you conclude with such advertisers. 9. Termination Termination by You 9.1 You may terminate your use of the App and or Services at any time by deleting your account. Termination by us 9.2 Without limiting any other remedies, we may limit, suspend, discontinue or terminate these Terms, your account and/or your use of all or any part of the App and/or Services, with immediate effect, automatically, with or without notice, if we believe that you are or may be: i:in breach of any of the terms of these Terms; ii:causing, or threatening to cause us to incur any legal liabilities (actual or potential); iii:delinquent with respect to any charges due for a Premium Service and/or any paid Content and items; v:infringing a third party’s intellectual property rights or personal rights or performing any forbidden activity listed under Article 4.3; or v:engaging in prohibited behaviours listed under Article 5.1, including but not limited to child abuse, prostitution, pornography, discrimination based on age, sex, gender, ethnicity, nationality, profession, political stance, religion, scamming, consumption of illegal drugs or substances. with or arising out of: a. your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; b). your violation of any rights of any third party; c). your use or misuse of the Products; or d). your Content or other communication displayed or transmitted by means of the Products. 11.2 The above indemnification applies even if a court, an administrative agency or any other dispute resolving or investigating body decides we shall be held liable and/or imposes sanction on us. 11.3 If you downloaded the App from the Application Stores, you acknowledge that, if there is a claim by any third party that the Products or your possession and use of the Products infringes any intellectual property rights, only we are responsible for the investigation, defense, settlement and discharge of such claim. We can exclusively defend and control any matter for which you indemnify us, at your expense. You agree to cooperate with our defense of these claims, and you will not settle any matter without our prior written consent. any of the provisions hereof. Injunctive Relief 13.11 You acknowledge that the obligations you agree to undertake with these Terms are of a unique and irreplaceable nature, and that failure to comply with them shall irreparably harm us and that such failure cannot be compensated by monetary damages alone so that we 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. Applicable Law 13.12 These terms are governed and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are beneficial for you, such provisions shall apply irrespective of the choice of Irish law. ATTACHMENT- MODEL CANCELLATION FORM CANCELLATION FORM FOR PREMIUM SERVICES (Complete and return this form only if you wish to withdraw from the contract)