Accessing and Using Our Services Overview Our services are designed to provide push-to-talk, "walkie-talkie" functionality for mobile devices across different networks. Our Services are capable of supporting communications between one-to-one, or one to many (up to 10,000 users) on one dedicated channels. Please review our Support Page (available at
https://support.zello.com/hc/en-us) for additional description of the features and functionalities of our Services.
Revenue Share We will disburse to you any fees once we have received them at the end of each month, less a revenue share percentage, any refunds and any chargebacks. You agree that we may retain a revenue share percentage from the proceeds paid to us for the monthly pass and annual pass, which shall be set forth within the Services. We reserve the right to change the revenue share percentage from time to time. If we do change the revenue share percentage, we will provide notice of the change through the Services or in an email to you. Your continued use of the Services after the revenue share change becomes effective constitutes your agreement to the new revenue share percentage. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company's net income.
Fees To the extent the Services or any portion thereof is made available for any fee, you will be required to provide us information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in payment confirmation page in accordance with the terms of this Terms of Service. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you.
De-Identified Data As described in our Privacy Policy (
www.zello.com/privacy), we may share aggregated or de-identified data related to your usage of our services; however, such data will not include any information that can reasonably be used to identify you, including messages you send through the services. We will not share your personal information, including your phone number, email, or real name, without your consent.
Account Registration You may be required to register with us in order to access and use certain features of our services. If you choose to register for our services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use our services, with or without registering. In addition, if you are under 18 years old, you may use our services, with or without registering, only with the approval of your parent or guardian.
Account Security You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session when accessing our services. We will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services We may modify or discontinue, temporarily or permanently, our services or any part of our services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
Usage and Storage You acknowledge that we may establish general practices and limits concerning use of our services, including the maximum period of time that a user can retain data or other content using our services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by our services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Mobile Application Our services are available via a mobile device, including the ability to upload content to the services using a mobile device, the ability to browse the services from a mobile device and the ability to access certain features through an application downloaded and installed on a mobile device. To the extent you access our services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. By using our mobile app, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of our mobile app may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old number.
Prohibited Activities You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email or otherwise use via our services. The following are examples of the kind of content and/or use that is illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, suspending or terminating your account and reporting you to the law enforcement authorities. You agree to not use our services to:
- upload or transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, nude, partially nude, or sexually suggestive, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying our services, or which may expose us or our users to any harm or liability of any type;
- create a username for the purpose of preventing others from using that handle, sell or buy usernames, or impersonate another person or entity in a manner that is intended to or does mislead, confuse or deceive others, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- interfere with or disrupt our services or servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- solicit personal information from anyone under the age of 18;
- promote suicide, self-harm, self-mutilation or eating disorders. It may be acceptable to share information about self-harm if used in the context of providing support to other users;
- harvest or collect email addresses or other contact information of other users from our services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by us;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- post content (text, image, audio) that implicitly or explicitly associates the user with, or represents promotion or celebration of violent extremist ideologies, groups, and tactics. We acknowledge that there is no universal definition of terrorism. For the purposes of our service, we will consider terrorist content to be material posted by, or in, support of organisations included on the Consolidated United Nations Security Council Sanctions List, in addition to country/region-specific sanctions list;
- participate with or communicate to organizations whose principles specifically endorse or espouse violence;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our services.