Last updated: August 09, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded
by You on any electronic device, named ZeroTime
- Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under
common control with a party, where “control” means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
- Country refers to: Western Australia, Australia
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this
Agreement) refers to smudge.io Pty Ltd.
- Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
- Free Trial refers to a limited period of time that may be free when
purchasing a Subscription.
- Service refers to the Application.
- Subscriptions refer to the services or access to the Service offered on a
subscription basis by the Company to You.
- Terms and Conditions (also referred as “Terms”) mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
- Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions then
You may not access the Service.
You represent that you are over the age of 18. The Company does not permit
those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
The Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic basis
(such as daily, weekly, monthly or annually), depending on the type of
Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under
the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings
page or by contacting the Company. You will not receive a refund for the fees
You already paid for Your current Subscription period and You will be able to
access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information
including full name, address, state, zip code, telephone number, and a valid
payment method information.
Should automatic billing fail to occur for any reason, the Company will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at the
end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your Subscription
before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on
a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free
Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for
the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You
will not be charged by the Company until the Free Trial has expired. On the
last day of the Free Trial period, unless You cancelled Your Subscription, You
will be automatically charged the applicable Subscription fees for the type of
Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify
the terms and conditions of the Free Trial offer, or (ii) cancel such Free
Links to Other Websites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven’t purchased
anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party’s liability
will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial
Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a “terrorist supporting” country, and (ii)
You are not listed on any United States government list of prohibited or
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party’s
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
These Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
If you have any questions about these Terms and Conditions, You can contact
- By visiting this page on our website: https://smudge.io/contact/