Welcome to ZenMinutes!
We stand by these principles:
NO EMERGENCY CALLS - The App and other parts of the Services are not intended to replace your ordinary or fixed line telephone services. As such, the App and other parts of the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory inquiry services. ZenMinutes is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.
The Data Policy
1. ACCEPTANCE OF TERMS OF SERVICE
You agree to be bound by the Terms of Service if you:
If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted the Terms of Service constitute a binding agreement between you and ZenMinutes. In addition, by downloading the App from Appstore or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.
ZenMinutes may make changes to Terms of Service from time to time. ZenMinutes will publish the changes at the Site and may send you push notifications, SMS or email communication to inform you of these changes. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services.
2. THE SERVICES
ZenMinutes works hard to offer you cheap international calling services.
The calling services will allow you to make calls to conventional telephone numbers around the world (subject to your contact being in an area or jurisdiction which we at the time support). The calling services enable you to place voice calls over the public switched telephone network, terminating on both fixed and mobile telephony networks. In more detail, ZenMinutes is using Voice over IP technology as well as virtual local landline numbers and is routing parts of the call over the internet. The calling services (however, not all features) are available from smartphone, landline or feature phone. In some cases it is possible to originate a call via Mobile Data Connection (3G/4G) or WiFi. We can offer termination in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location. Note that certain parts of the call will be routed over the Internet.
These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by ZenMinutes from time-to-time, as well as the App and the Site shall collectively be referred to in these Terms of Service as the "Services". The term Services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by ZenMinutes or you in relation to the use of the App or the Site or otherwise provided in relation to the provision of the Services (the “Software”).
2.1 Intellectual property rights, licenses etc.
In consideration of you agreeing to abide by the terms and condition of the Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Site and other parts of the Services provided or made available to you by ZenMinutes. You may download a copy of the App onto a Device which you control and to view, use and display the App on the Devices for your personal purposes only. We reserve all other rights.
Not limiting the aforesaid, in relation to the App, we license the use of the App to you on the basis of the Terms of Service and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group ("Apple" and “Google”). We do not sell the App to you. We remain the owners of the App at all times.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.
The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.
You acknowledge that you have no right to have access to the App or other parts of the Services (where applicable) in source-code form.
All ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary knowhow, shall be owned by and vested in ZenMinutes, or ZenMinutes’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from ZenMinutes to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under this the Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of ZenMinutes’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.
The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service. Furthermore, ZenMinutes has the right to, in its sole discretion, at any time remove any materials posted to the Site.
2.2 Use of the Services
You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).
It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
You acknowledge and understand that the voice communication service provided by ZenMinutes is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication service provided by ZenMinutes.
You acknowledge that the products, features or functions or other parts of the Services may change over time. ZenMinutes may without prior notice to you change the form and nature of the Services. This may interalia lead to that future versions of the Software or the App may be incompatible with applications developed on or with previous versions. Furthermore, ZenMinutes may stop (permanently or temporarily) providing the Services to you or to users generally, at ZenMinutes’s sole discretion and without prior notice to you. ZenMinutes may make updates of the Software, the App or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).
The Services are for your individual use. You shall not resell or commercialize the Services to any third party.
You agree that you are solely responsible (and that ZenMinutes has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which ZenMinutes or any third party may suffer).
2.3 Jurisdictional restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.
2.4 Third party services
You acknowledge that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator ("Provider"). You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services, and may also impose additional fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the use of the Services) that the use of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by ZenMinutes, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).
You acknowledge and understand that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.
2.5 Your Account
In order to use the Services, you are required to register as a user with ZenMinutes. You agree to provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any amendments made by you. Subject to such registration you will receive access to your ZenMinutes account (the "Account"). We have the right to change your password/PIN and account name at any time in our sole discretion and without notice.
You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
Ability to Contract. Legal Capacity. You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions. If you are under the age of consent in your country to form a binding agreement, you should only use our Service if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use our Service only if you are fully able to understand and enter into and comply with these Terms.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via ZenMinutes from time to time, as necessary to provide our Services to you.
We recommend that you choose a password/PIN to your Account that is hard to guess and keep it secure. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, password/PIN or other data. Not limiting the aforesaid, ZenMinutes may in certain geographical locations offer you, if you have a US phone number (prefix+1), to have an authorized ZenMinutes agent registering the Account on your behalf.
You are fully responsible towards ZenMinutes for all (including any fraudulent) use of the Services which is or can be connected to your Account.
Permissions You Give to Us. As part of our agreement, you also give us all the permissions that we need to provide the Service.
WHO HAS RIGHTS UNDER THIS AGREEMENT.
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
2.6 Unauthorized use, stolen device
You are solely responsible for all activities that occur on or under the Account, regardless of whether the activities are undertaken by You or a third party and whether or not authorized. ZenMinutes is not responsible for any unauthorized access to the Account. You are required to contact ZenMinutes immediately to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized third party may be using the Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Service at any time in accordance with Section 4 “Termination and suspension”. ZenMinutes takes no responsibility for your failure to comply with the obligations in this Section 2.6 “Unauthorized use, stolen device”.
2.7 Prohibited use and restrictions
You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive - You may not and you agree not to:
In relation to the ZenMinutes’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and on the Site (note that third party fees may apply, see Section 2.4 “Third party services”). You acknowledge and agree that the ZenMinutes’s unlimited deals are intended only for normal, single-person and noncommercial use to regular landline and mobile numbers in certain applicable subscription countries (by way of example special, premium, service and non-geographic numbers are excluded).
Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.
Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. ZenMinutes reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use.
ZenMinutes may, at its option, immediately suspend the Services in relation to you and/or terminate the Terms of Service with you if ZenMinutes determines you are using your unlimited deal in breach of the Terms of Service.
2.8 Submission of information to ZenMinutes
You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with ZenMinutes (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant ZenMinutes a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.
2.9 Disclosure of information
ZenMinutes reserves the right at all times to disclose any information as ZenMinutes deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in ZenMinutes's sole discretion.
2.10 No warranties
You expressly acknowledge and agree that use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that ZenMinutes cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.
2.11 Suspension and interruption of the Services
ZenMinutes has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any business reason.
2.12 Content of communication
The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. ZenMinutes will not be liable for any type of communication spread by means of the Services.
2.13 No emergency calls
The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and ZenMinutes is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.
2.14 Access numbers provided by ZenMinutes
ZenMinutes may, as part of the technical setup of the Services, offer you one or more access numbers. These phone numbers are shared by multiple ZenMinutes users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by ZenMinutes to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from ZenMinutes.
The phone numbers provided by ZenMinutes do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.
3. PAYMENT, RATES AND ACCOUNTS
The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged with a certain pre-selected amount (the credit card you have connected to your Account will be charged). The automatic recharge function is enabled as a default mode, you can disable this feature at any time by accessing your Account.
Subscriptions are automatically renewed unless discontinued by you prior to the occurrence of the new subscription period. You can cancel your subscription at any time by accessing your Account.
Payment amounts for automatic recurring transactions may vary depending on the exchange rate between the default currency, Euro (EUR), and the currency You selected for your Account’s display. We regularly update the exchange rates (on a daily basis) but we reserve the right to change these exchange rates at any time without notice in case there are important fluctuations on the market. If you do not wish to accept such adjustments of exchange rates, please do not use the Services.
All payments are processed via a third party payment processor ("Payment Processor"). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions are subject to the terms, conditions and policies, including privacy policies, of the Payment Processor (see Part II Mi-Pay Payment Gatway in this document) and your credit card issuer.
3.2 Rates and VAT
The rates for the Services are published on the Site. ZenMinutes reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates will apply to your next phone call after the new rates have been published. If you do not wish to accept such adjustment of rates, do not use the Services. No refunds are available. You agree that by continuing to use the Services, following the adjustments of the rates, you accept such adjustments.
Unless stated otherwise, all rates and charges for the Services shall be stated in US dollars (USD), Pound Sterling (GBP) or Euro (EUR) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to the Services.
3.3 Minute rounding
The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds we will round up the call length to 8 minutes.
3.4 Out-of-country usage
If you connect to/use the Services through a phone number provided by ZenMinutes while you are in a country that is not the country associated with your fixed net or mobile phone operator or other Provider (in other words; out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than regular usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider.
If you believe that ZenMinutes has charged you in error, you may request for a refund by submitting a written request in English to ZenMinutes’s customer services at help@ZenMinutes.com. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. ZenMinutes reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Any payments older than 90 days are non-refundable.
3.6 Account and receipt
When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period) and your current balance etc., in addition ZenMinutes may also provide you with a receipt (by e-mail) upon pre-payments for the Services (“Account Records”). Please note that the Account Records is the only statement of the Account, or the activities relating to the Account, that ZenMinutes will provide to you. It is your responsibility to print and/or save copies of your account records, and to retain copies for your records.
ZenMinutes will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to ZenMinutes.
3.7 Expiration of credits
A credit balance for the Services on the Account expires 6 months after the last activity of the Services. Credit balances that are not used within the said 6 months period will be lost.
4. TERMINATION AND SUSPENSION
The Terms of Service is effective until terminated by you or ZenMinutes.
You may terminate the Terms of Service (cancel the Account, the Services etc.) at any time, through your settings in the Account or by sending ZenMinutes a termination notice to help@ZenMinutes.com (the Account will be cancelled within five (5) days of receipt of such notice).
Without limiting any other remedies, ZenMinutes may modify, limit, suspend, discontinue or terminate your use of all or any part of the Services and/or the Terms of Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if ZenMinutes reasonably suspects that you are:
You acknowledge and agree that ZenMinutes is under no obligation to provide the Services, and that ZenMinutes shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services and/or the Terms of Service. ZenMinutes reserves the right to cancel the Account if it has been inactive for more than one (1) year.
On termination for any reason: all rights granted to you under the Terms of Services shall cease; you must immediately cease all activities authorized by the Terms of Services, including your use of any Services; you must immediately delete or remove the App, the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. ZenMinutes shall effect the termination by preventing your access to the Account or other parts of the Services, where applicable.
ZenMinutes may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of ZenMinutes.
5.2 Limitation of Liability
In no event shall ZenMinutes and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.
In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that ZenMinutes's total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of one thousand (1 000) euros in all cases.
You agree to indemnify, defend and hold harmless ZenMinutes and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of Your use of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or Your violation of any rights of another person or entity.
5.4 Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Romania without giving effect to the conflict of laws or provisions of Romania or your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with ZenMinutes, including any non-contractual obligations, will be exclusively subject to the jurisdiction of the courts of the district of Romania. Notwithstanding the foregoing, ZenMinutes shall be entitle to bring actions for injunctive relief in any court of competent jurisdiction.
5.5 Entire Agreement
The Terms of Service represent the entire agreement between you and ZenMinutes relating to the use of the Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by ZenMinutes or otherwise with the written agreement of ZenMinutes.
If a court or arbitration panel finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.
Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.
5.7 Translations of the Terms of Service
For your convenience, ZenMinutes may provide you with a translation of the English language version of the Terms of Service (available at www.ZenMinutes.com). In the event of any inconsistency between a non-English version of Terms of Service and the English version, the English version shall govern your relationship with ZenMinutes.
If we fail to insist that you perform any of your obligations under the Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5.8 Force Majeure
You acknowledge and agree that if ZenMinutes is unable to provide the Services as a result of a force majeure event, ZenMinutes will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of ZenMinutes.
5.9 Communication between us
If you wish to contact ZenMinutes, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to help@ZenMinutes.com.
ZenMinutes may, when sending any notices to you, use your email address stated in the Account or any mail address or other address, provided by you in connection with your use of the Account, the Sites or other parts of the Services, or otherwise presented to us in your contacts with ZenMinutes.
You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the delivery of notices, policies and changes thereto and records of transactions with ZenMinutes.