Welcome to Past Zero!  Your invitation for use is subject to your agreement with our Terms of Service.  This document describes in detail your rights and our rights relating to the provision of use, so please review these Terms carefully.

  • What Are the Terms of Service?

The Terms of Service constitute a contract between us.  If you do not agree to these Terms, you do not have the right to access or use our product.  Registering for, or using our product shall confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using Past Zero, you acknowledge, accept and agree with all provisions of the Privacy Policy, including the use and treatment of your Account Information and your Content.

  • Changes to the Terms of Service

Past Zero is constantly innovating in order to provide the best possible user experience, and therefor changes to these Terms are likely to occur from time to time due to changes in our Service and laws that apply.  Changes will be announced at our website, and we also may notify you of changes by email to your provided address.

If we do update the Terms, you can decide whether to accept the updated terms or to stop using our Product.  Your continued use after the effectiveness of that update will be accepted as your agreement and consent to be bound by the new Terms.

  • What Do I Have to do to Use Past Zero?

You need to create a Past Zero account by providing an email address and creating a password, referred to as your “Account Information.”  You are responsible for maintaining the accuracy, completeness and confidentiality of your Account Information and you will be responsible for all activities that occur under your account.  We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.  If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.

We recommend not sharing accounts.  If you share your Account Information, that other person may be able to take control of the account and we may not be able to determine who is the proper account holder.  We will not have any liability to you as a result of your or their actions under those circumstances.  We strongly urge you not to share your Account Information with anyone.

  • Your Use of the Services

a. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

b. Unless specifically permitted in a separate agreement with App Enterprises, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

c. You agree that you will not impersonate any real or fictional person or entity or perform any fraudulent activity.

  • Account Privacy

The privacy of your Content is a paramount concern, and it is expected that Past Zero employees will never need to examine anyone’s Content.  However, there are limited circumstances in which we may have the need to review part or all of your Content:

a. We believe our Terms of Service have been violated and confirmation is required.

b. For troubleshooting purposes.

c. For protection against potential spam, malware or other security concerns.

d. To comply with legal obligations, such as responding to warrants, court orders or other legal process.

  • Past Zero Rights Relating to Service

While you own the content you store within Past Zero, you acknowledge and agree that Past Zero owns all legal rights, title and interest to all software that is hosted on Past Zero’s servers and all intellectual property rights.

– RIGHT TO MODIFY THE SERVICE

We retain the right to implement new elements to the Product, including changes that may affect the previous mode of operation with expectations that such modifications will enhance the overall Service.  We also reserve the right to establish limits to the nature or size of storage available to you, and impose other limitations at any time, with or without notice.

You also acknowledge that Past Zero actions may impair access to your content for limited periods of time, and agree that Past Zero has no responsibility or liability.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

– RIGHT TO UPDATE OUR SOFTWARE

Past Zero may automatically download software updates on your devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service.  While some install updates are optional, at times, Past Zero may require you to install the update to continue accessing the Service in cases such as a security risks.  In all cases, you agree to these updates as part of your use of the Product.

  • Kids and Past Zero

Past Zero is not directed towards children, and we expect that use will only be provided with guidance, supervision and consent of their parents or guardians.  Parents and guardians are responsible for ensuring that minors understand their rights and responsibilities as stated in these Terms of Service and our Privacy Policy.

  • How is My Account Closed?

You may deactivate your account at any time, without notice.  Past Zero may take action to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms.  Reasons for closing your account may include a breach or violation of the Terms.

  • What Happens to My Account upon My Passing?

Our pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to provide someone access to your Content or Account Information after you are no longer physically able, you will need to implement a process to provide your Account Information to them. We will not provide your Account Information, or your Content, to anyone, including next of kin, unless it is determined that we are legally obligated to do so.

  • Indemnity

You agree to indemnify and hold App Enterprises, its affiliates, officers, agents, and employees, harmless from and against any and all claims, liabilities, damages, losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of the Past Zero app.

  • Limitation of Liability

To the maximum extent permitted by law, the Service Is Available “As Is.”  You expressly understand and agree that:

a. Your use of the service and the purchase and use of any products or Services are all at your sole risk.

b. Past Zero does not warrant that the Service will meet all of your requirements, that it will be uninterrupted, timely, secure or error-free, or that all errors in the software or Service will be corrected.

c. Any material downloaded or otherwise obtained through use of the Service is performed at your own discretion and you are solely responsible for any damage to your device or loss of data resulting from the download or use of any such material.

  • Experiencing Problems with Past Zero?

– LET US KNOW ABOUT YOUR COMPLAINT

If you have a problem, we encourage you to contact our Customer Support team right away at contact@pastzero.com.

– INITIATING A FORMAL CLAIM

If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms.  Past Zero provides Service to you on the condition that you accept the dispute resolution provisions described below.  If you initiate a claim in any other manner, you shall be in violation of these Terms and you agree that App Enterprises shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse App Enterprises for its reasonable costs incurred in defending against such improperly initiated claim.  You agree that prior to initiating any formal proceedings, you will send us a “Notice of Dispute.”  Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.  If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms.

Except where our dispute is being resolved pursuant to an arbitration, if you are a resident of the United States, you agree that any claim or dispute you may have against Past Zero must be resolved exclusively by a state or federal court located nearest to Virginia Beach, VA.  You agree to submit to the exclusive personal jurisdiction of the courts (and, for the avoidance of doubt, to exclude the jurisdiction of any other court) for the purpose of litigating all such claims or disputes.

– ARBITRATION AGREEMENT

If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and App Enterprises agree that any and all disputes or claims that have arisen or may arise between us – except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights – shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Our arbitration proceedings would be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement.  You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website.

  • CLAIMS ARE TIME RESTRICTED

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.