1. TERMS AND CONDITIONS OF SERVICE
The following terms and conditions govern your access to, and use of, the XLOAD smartphone and mobile device application (the “Application”), and your use of the xload.io website (the “Site”) and all content, products, promotions, Services and functionality available at or through the Application and the Site (collectively, the “Services”).
The XLOAD Application allows users to earn digital credits called “Prepaid Rewards (PR)” by using the application and completing tasks under the “Earn Prepaid Rewards” section on the application. PR can be used to purchase prepaid airtime from any operator in any country in the world listed on the application. The XLOAD application allows users to top-up or send airtime to any prepaid number in the world.
The XLOAD application contains several tasks such as, but not limited to watching rewarded videos, playing games, answering surveys, and referring other users (collectively, “Content”). Consumers who have downloaded and installed the application receive an amount of PR as determined by XLOAD (collectively, “End Users”, and each, an “End User”, also “you”). As further described below, at XLOAD’s sole and absolute discretion, XLOAD compensates End Users with Prepaid Rewards, depending on both usage of the application and number of tasks completed. The Services offered are subject to the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time through the Services by XLOAD (collectively, this “Agreement”).
By clicking on or pressing “agree” during the sign-up process, or by accessing or using any other part of the Services, you agree to be bound by the terms and conditions of this Agreement, which form a legally binding contract between you and XLOAD. If you do not agree to all the terms and conditions of this Agreement, then you will not be able to download the Application or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
The Services are available only to individuals who are at least 18 years old. If you are less than 18 years old, you may not download the Application or use the Services.
2. ACCEPTABLE USE POLICY
Whether or not you register for an account with us, the Services are only available for your access and use for lawful purposes. You understand that when using the Site or Application, you may be exposed to user content (including, the Content) provided by other users or third parties, and you agree that XLOAD is not responsible for the accuracy, safety, appropriateness or intellectual property rights in, or related to, such user content. Any act committed by End Users or third parties associated with the End User’s account, which (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another End User of the Services or any other third party, is strictly forbidden.
The following are prohibited activities:
• using hacked/rooted/jailbroken devices to manipulate device information when using the Services.
• solicitation for commercial purposes other users of the Application
• using the Application to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with a third-party client (e.g. Google Admob);
• using metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvesting or otherwise collecting Personal Information about users;
• using any robot, spider, crawler, scraper or other automated means to access the Services;
• taking any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure; or
• bypassing any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.
We reserve the right to immediately block or disable your ability to use the Application, and/or otherwise suspend or terminate your access to the Services, if we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.
3. INTELLECTUAL PROPERTY RIGHTS
The proprietary software associated with the Application and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by XLOAD. In addition, the Services, including all software, XLOAD content, inventions, technology, products, Services and XLOAD data provided on the Site or through the Services, are protected under Singapore and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of XLOAD, and are the exclusive property of XLOAD and its licensors. All suggestions, requests and feedback communicated to us regarding the Services, and all inventions, improvements, modifications, product or Services ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of XLOAD. You hereby assign all worldwide rights, title and interest in, to and under any Feedback to XLOAD and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.
4. LIMITED LICENSE
Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your undertakings stated in this Agreement, XLOAD grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) download, install, and use the Application to use on a single mobile device, (b) receive and use PR as defined and provided in Section 5, and (c) use the Services, in each case for your personal purposes but not for commercial resale, sublicensing, time-sharing or services bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by XLOAD. You may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble Application or the Services, or make any derivative works based on the Application or the Services (including any customization, translation, or localization). Your compliance with the requirements in this Section 4 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Application and the Services. Any unauthorized use or other activity by you in violation of this Agreement will cause the licenses granted to you by XLOAD in this Section 4 to terminate automatically.
This Agreement does not transfer from XLOAD to you any XLOAD or third party intellectual property, and all rights, title and interest in, to, and under, such property will remain solely with XLOAD or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to XLOAD. The following marks: XLOAD, xload.io, the XLOAD logo, PR, and all other trademarks, services mark, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of XLOAD or XLOAD’s licensors. Your use of the Services does not grant you any right or license to reproduce or otherwise use any XLOAD or third-party trademarks.
5. END USER ACCOUNTS
If you sign up for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person’s XLOAD account or share your password with another person. When creating your account, you must provide accurate, current and complete information. You agree to immediately notify XLOAD of any unauthorized usage of your account or login credentials or any other breaches of security. XLOAD will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our current policy limits you to the use of one email address and mobile number per XLOAD account. You may change your mobile number at any time as long as the new number passes verification. You may contact us at firstname.lastname@example.org for inquiries regarding account suspension and recovery.
A. XLOAD Application
When you download the XLOAD Application, you will be prompted to register for an End User Account, and XLOAD will begin displaying the Content both as notifications on your lockscreen and as an interstitial pop-up after unlocking your mobile phone. After that, all of your interactions with XLOAD will be recorded, stored in our servers, and associated with your End User Account. Among other things, your End User Account will keep track of your PR and PR balance (“Rewards”), your transaction options, and your transaction history.
By using and completing tasks within the XLOAD Application, you will be able to accrue and receive PR. PLEASE NOTE THAT YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE REWARDS WHEN SIGNED IN TO YOUR END USER ACCOUNT.
B. Application Generally
When you are using the XLOAD Application, your Rewards will be reflected in your End User Account. Depending on the current value of an PR, which will be determined at XLOAD’s sole and absolute discretion, you may, from time to time, redeem them for mobile prepaid load/credit.
Rewards obtained via the Application are provided to you under a limited, personal, revocable, non-transferable and non-assignable license. Rewards may not be resold in any manner, including by means of any direct sale or auction Services. You are, however, allowed to redeem your personal Rewards to top-up another person’s or your own prepaid balance, as long as you provide his/her mobile number on the transaction screen. You have no property interest, right or title in or to the Rewards appearing or originating in the Application, or any other attributes associated with use of XLOAD or its Application. Any Rewards balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
XLOAD DOES NOT PROMISE OR GUARANTEE THAT YOU WILL RECEIVE ANY NUMBER OF REWARDS OR THAT YOU WILL RECEIVE ANY AMOUNT OF CONTENT IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF VALUE, MONETARY OR OTHERWISE, WHEN YOU REDEEM YOUR PR.
As noted, each time you receive Rewards, we place the Rewards in your End User Account. Your ability to receive and redeem Rewards is conditioned on your compliance with the Agreement. You may access your End User Account to modify your account settings or to review your Reward balances and PR transaction choices. You may log in through Facebook, Google, or by entering your email address and password with the Application.
You may log into your End User Account to redeem your accumulated PR. While we reserve the right to modify when and how you can redeem PR at any time in our sole and absolute discretion, as of the “Last Updated” date of this Agreement set forth below (the “Effective Date”), you can redeem your PR by simply clicking the “Buy Prepaid Top-up” button of your End User Account interface (accessible through the Application).
6. DATA PROTECTION
7. MOBILE AND INTERNET SERVICES
Whenever you utilize the Services from your mobile phone, you thereby agree to receive such Services on the device you designate for such purposes and understand that your wireless or internet Services provider’s standard SMS and/or data rates may apply to these Services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.
8. THIRD PARTY LINKS AND SITES
9. UPDATES and AMENDMENTS
From time to time, the Application may automatically download and install, or may prompt you to download and install, updates from XLOAD. These updates are designed to improve, enhance and further develop the Application and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to such updates as part of your continued use of the Application. While you may refuse to download and install updates, doing so may cause your access to the Application and/or the Services to be disabled.
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Application and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Application or the Services, or support or upgrades for the Application, at any time.
XLOAD reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the Application. Your continued use of or access to the Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.
XLOAD may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, at any time, with or without cause, with or without notice, effective immediately.
XLOAD may terminate your access to all or any part of the Services, stop displaying Content on your mobile phone, or block or disable your access or use of the Application, if (a) XLOAD believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) XLOAD is required to do so by law ; (c) XLOAD is transitioning to no longer providing the Application to users in the state or country in which you are resident or from which you use the Application; or (d) XLOAD believes that your use of the Application may infringe or violate the rights of a third party or subject XLOAD to civil or criminal liability or reputational harm.
Termination will result in the forfeiture and destruction of all information associated with your account and any Rewards earned prior to such date. All provisions of this Agreement which by their nature should survive termination of this Agreement, such as ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so.
Your use of the Services is at your own risk. The Services are provided on an “as is” or “as available” basis, without any warranties of any kind. XLOAD and its officers, employees, representatives and agents disclaim all warranties, express or implied, in connection with the Services or your use thereof including, any and all warranties of merchantability, fitness for a particular purpose, security, freedom from viruses, and non-infringement of intellectual property or proprietary rights.
XLOAD makes no warranties or representations in respect of the accuracy or completeness of the Services or the Content or the content of any other products or services linked to or integrated with the Services (including any ad content) and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to, or use of, the Services, your account or our servers, or any and all Personal Information stored therein, (iv) any interruption or cessation of, transmission to, or from, the Services, (v) any bugs, viruses, trojan horses, malware, adware or the like which may be transmitted to, or through, the Services by any third party, (vi) any loss or damage to content or data (whether stored through the Services or otherwise), or (vii) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, imported, transmitted, distributed, or otherwise made available via the Services.
XLOAD does not warrant, endorse, guarantee or assume responsibility for any product, services or opportunity offered by the Client or third party through the Services, or any hyperlinked or integrated website or services.
12. LIMITATION OF LIABILITY
Under no circumstances shall XLOAD or its directors, shareholders, officers, employees, representatives, agents, or suppliers be liable for direct, indirect, incidental, special, punitive, consequential or exemplary damages (including, but not limited to, lost profits or damages arising from your use of or inability to use the Services) whatsoever, whether based on warranty, contract, tort or any other legal theory, and whether or not XLOAD or any of the foregoing persons were advised of the possibility of such damages.
You agree that the liability of XLOAD and its affiliates, directors, shareholders, officers, employees, representatives, agents, and suppliers for any claim or series of claims will be limited in the aggregate to the greater of the amount paid by you to us for the relevant Services to which the claim or claims relate during the previous six (6) months preceding the event or circumstances giving rise to such claim or series of claims.
You further agree to release, remise and forever discharge the Site, the Application, the Services and XLOAD and its directors, shareholders, officers, employees, representatives, agents, and suppliers, and its and their respective successors and assigns, and all other related persons or entities, from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the Site, the Application or the Services.
The foregoing limitations of liability shall apply to the fullest extent permitted by law.
13. REPRESENTATIONS AND WARRANTIES
You represent and warrant that (i) your use of the Services will be in strict accordance with this Agreement and with all applicable laws and regulations ; and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of XLOAD or of any other user or third party.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless XLOAD, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, the Site and the Application, (b) violation, breach or default of any term of this Agreement, (c) violation by you or infringement of any third party right including, but not limited to, any patent, trademark, Services mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Content) caused damage to a third party.
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site, making them available through the Services or sending an email to you at the email address that is currently associated with your account. Any such email notice to you will be deemed given on the day it is sent.
17. THIRD PARTY TERMS
End Users agree that in addition to this Agreement, if an Application is downloaded from Google Play, it is thus subject to the usage rules set forth in Google Play’s Terms of Services, or to the rules of other third party platforms, developers or distributor end-users from which the Application was downloaded. End Users agree to comply with the applicable third party terms.