AT&T ACTIVEARMOR℠ MOBILE SECURITY APPLICATION AND SERVICE

PLEASE READ THIS AGREEMENT FOR THE AT&T ACTIVEARMOR℠ MOBILE SECURITY APPLICATION AND SERVICE.

AT&T Mobility LLC licenses its ActiveArmor Mobile Security Application and associated services to You, conditioned upon your acceptance of this End User License Agreement (“Agreement” or “License”).

Please read this Agreement carefully. It requires us to resolve disputes through arbitration on an individual basis rather than jury trials or class actions. If You add the Service (as defined below) to any eligible lines on Your wireless account, You are responsible for explaining to any user associated with Your wireless account any limitations You impose on such user's ability to access and use AT&T's wireless services, including but not limited to blocking or unblocking of calls from certain callers. If You are accepting this Agreement as an account holder of an AT&T wireless account for which there are multiple Devices, You are accepting this Agreement on behalf of each user of Devices for whom You have added the Service, including without limitation any minors or children who are authorized users of Device(s) assigned to Your account. You acknowledge and agree that even if You are not the account holder for the wireless service associated with Your Device, Your use of the Service is subject to this Agreement and other applicable terms. By downloading, installing or using the Service, You indicate that You have read and accept this Agreement applies to the Service that you have downloaded or installed or are using and that You consent to the use of Your information in accordance with these terms. You may cancel the Service at any time. If You download the Service from a Third Party, Your download may also be subject to applicable Third-Party terms.

BY CLICKING “I AGREE” OR “ACCEPT”, OR BY DOWNLOADING, INSTALLING OR USING THE SERVICE, YOU:

  1. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS;
  2. ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER;
  3. ACKNOWLEDGE THAT IN NO EVENT WILL THE SERVICE BE USED BY PERSONS UNDER THE AGE OF 13;
  4. AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, https://www.att.com/legal/terms.aup.html;
  5. AGREE TO TERMS OF THE AT&T PRIVACY POLICY, https://about.att.com/privacy.html; AND, IF YOU ARE A USER OF FIRSTNET, BUILT BY AT&T, THE FIRSTNET PRIVACY POLICY, Privacy Policy Practices For All FirstNet Users;
  6. IF A CONSUMER, AGREE TO THE TERMS OF THE MOST CURRENT AT&T WIRELESS CONSUMER SERVICE AGREEMENT, https://www.att.com/legal/terms.consumerServiceAgreement.html (“CSA”), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS; AND,
  7. IF A BUSINESS CUSTOMER, AGREE THAT THE TERMS OF YOUR QUALIFIED BUSINESS WIRELESS SERVICES AGREEMENT (“BUSINESS AGREEMENT”) FULLY APPLIES TO YOUR USE OF THIS SERVICE. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE CSA OR YOUR BUSINESS AGREEMENT, THE APPLICABLE PROVISION OF THE CSA OR BUSINESS AGREEMENT SHALL CONTROL.

If at any time after reviewing or using the Service You wish to terminate such use or this License, You must cancel your Service as set forth below and un-install and remove any App associated with the Service from Your Device(s) and delete any copy in Your possession.

1. DEFINITIONS

1.1 “App” refers to the ActiveArmor Mobile Security Application.

1.2 “AT&T,” “We,” “Our” and “Us” mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns.

1.3 “ActiveArmor” means the App, and any website, feature, software, functionality, license code, add-on, extension, content, or services provided in connection with the App, and any updates to these items.

1.4 “Device(s)” generally means a mobile smartphone that performs many of the functions of a computer, typically having a touchscreen interface, internet access, and an operating system capable of running downloaded applications, that You, and/or each user for whom You have added the Service on Your account, own and/or control to access and use the App and Service. “Device” does not include tablets, PCs or wearables.

1.5 “Service” means the ActiveArmor mobile security service or the ActiveArmor advanced mobile security service, including but not limited to their respective features as described below, as applicable.

1.6 “You,” “Your” and “Licensee” means:

  1. if a consumer, an individual who downloads, installs, or uses the Service and any person or entity represented by that individual; or
  2. if a business customer, the entities subject to the Business Agreement, the authorized representatives of those entities, all Corporate Responsibility Users (CRUs) of such entities and all employees, agents and contractors of such entities who may use the Service.

2. THE SERVICE

2.1 Service Features

The App provides network-based and application-based features that can help You manage unwanted calls and help protect Your Device and personal data. The Service features are listed below; bolded features require the App download to work.

ActiveArmor mobile security

  • Auto-Fraud Call Blocking
  • Spam Risk Labeling & Blocking
  • Unknown Calls to Voicemail
  • Personal Block List
  • Nuisance Call Alerts
  • Nuisance Call Controls
  • Device Security
  • Breach Reports

ActiveArmor advanced mobile security has all the features of ActiveArmor mobile security and in addition includes the following:

  • Public Wi-Fi Protection (VPN & Wi-Fi Alerts)
  • Identity Monitoring
  • Reverse Number Lookup
  • Caller ID
  • Safe Browsing
  • Theft Alerts (Android)

The following features are only available to AT&T customers with compatible Devices:

  • Auto-Fraud Call Blocking
  • Spam Risk Labeling & Blocking
  • Unknown Calls to Voicemail
  • Personal Block List
  • Nuisance Call Alerts
  • Nuisance Call Controls
  • Caller ID

The Service is not guaranteed to be completely accurate and may, among other things, inadvertently block wanted calls or misidentify some numbers as nuisance, spam, or fraud. It is possible that calls flagged or blocked may include informational or service messages and/or other permissible calls. Furthermore, no app can guarantee 100% detection and removal of viruses, malware and other security threats to Your data. Accordingly, the Service may not detect all compromises or leaks of your personal data.

Service features may be provided by the App downloaded onto the Device, by the AT&T network directly to the Device, or by a combination of the two.

2.2 Feature Descriptions

2.2.1 Auto Fraud Call Blocking

Potential fraud calls are automatically blocked so Your phone does not ring. This feature is defaulted on and may inadvertently block wanted calls, but you can adjust the Service settings within the App to turn off blocking or to allow specifically designated numbers. This Service feature is available for AT&T HD Voice-enabled Android or iOS smartphones only.

2.2.2 Spam Risk Labeling & Blocking

Spam risk calls are identified by category when possible on Your Device’s incoming call screen. You may choose to block or send Spam risk labeled calls to voicemail via the App so Your phone does not ring. For this feature to work, You must be in an AT&T HD Voice coverage area and have LTE/Enhanced or LTE turned on. LTE services will be automatically disabled if You move Your SIM to a Device or service that is not eligible for or compatible with AT&T HD Voice. If you have Cequint Caller Name ID activated on Your Android smartphone, it will override any Spam risk Alerts. In addition, contact names stored in Your Device address book override Spam risk alerts. This feature works only on AT&T HD Voice enabled Android or iOS smartphones.

2.2.3 Unknown Callers to Voicemail

You can manage callers that are not in your contact list by sending them directly to voicemail through the App. Enabling this feature will upload your Device contact list to secure servers controlled by AT&T or its contractors. Numbers that are added, deleted, and updated on your Device contact list will be updated, on Android Devices, every 24 hours and, on iOS Devices, every time you open the App. Numbers that are not in your contact list will be sent to your voicemail unless you have elected to Block other call types.

Callers sent to voicemail while this feature is active may inadvertently include emergency responders and public safety announcements.

You must have an active voice mailbox to send callers to voicemail. If you do not have an active voice mailbox, calls from numbers that are not on your contact list will fail. The contact names and phone numbers in your Device address book are not shared for any purpose other than improving your experience with the App by helping you to recognize known callers. You can disable the feature by setting it to “Allow” which will permit unknown callers to ring through. If you disable the feature, your contact list will be removed from the cloud within 24 hours

2.2.4 Personal Block List.

You can block specific, individual callers through the App. You can block an unlimited amount of domestic or international numbers.

2.2.5 Nuisance Call Alerts.

Nuisance calls are categorized based on customer complaints and feedback as Private, Account services, Telemarketers, Surveys, Political or Nonprofit. When available, the corresponding call labels will be shown on Your Device’s incoming call screen as well as in the App Call Log. You must be in an AT&T HD Voice coverage area and have LTE/Enhanced or LTE turned on. LTE services will be automatically disabled if You move Your SIM to a Device or service that is not eligible for or compatible with AT&T HD Voice. If you have Cequint Caller Name ID activated on Your Android smartphone, it will override any Nuisance Call Alert. In addition, contact names stored in Your Device address book override Nuisance Call Alerts.

2.2.6 Nuisance Call Controls.

Allows you to manage categories (Private, Account services, Telemarketers, Surveys, Political or Nonprofit) of potential nuisance calls by sending them to voicemail, allowing or blocking them.

2.2.7 Device Security

Passcode Check Feature. Checks if your Device is protected with a passcode and alerts you if a passcode is not enabled. Not guaranteed to detect all instances in which a passcode or Touch ID is enabled on a Device.

System Update Feature (iOS only). Checks the status of your Device's operating system and notifies you if the Device is running an outdated iOS version. This feature is not guaranteed to detect all instances of out-of-date software.

System Advisor Feature (Android only). The App is designed to issue alerts if your Device's operating system has been rooted. This feature is not guaranteed to detect all roots and does not prevent roots or unauthorized application installation(s).

App Security Feature (Android only). The App periodically scans your Device and any applicable memory card(s) to determine in AT&T's sole discretion whether viruses, malware or other harmful code or applications are present. If malware, viruses, or other potentially malicious or harmful code or applications are detected on your Device during any scan, the App will notify you of such suspicious or critical threats and provide direction to remove viruses, malware or other potentially harmful code or applications from your Device. The App scans applications as they are installed on your Device and alerts you if a virus or malware is detected. This feature is not guaranteed to detect or protect against all viruses and malware, and it does not automatically remove these threats from your Device. To enable the App to scan for malicious files, the “File System Access” permission is requested.

2.2.8 Breach Reports Feature.

The App offers an optional service that notifies You when a company or service you follow, experiences a data breach. You can select the names of the services, or categories, You would like to follow. The App may also scan the applications on your Device in order to surface relevant information to You when the specific applications and services You use are breached.

2.2.9 Public Wi-Fi Protection (Advanced Feature)

VPN
Public Wi-Fi Protection establishes a secure proxy within your Device to encrypt all unsecured web and application data traffic as it travels over open (unencrypted) Wi-Fi hotspots You use. This feature is automatically enabled when your device joins a public (unencrypted) Wi-Fi network unless an alternate VPN service is active. Public Wi-Fi Protection does not, however, guarantee complete security for your data since vulnerabilities may still exist and could be exploited. Public Wi-Fi Protection is not compatible with Wi-Fi Calling on certain Devices, in which case the data will bypass or disconnect the VPN connection. Public Wi-Fi Protection is provided on an “as-is” basis with no warranties and makes no representations of any kind, express or implied, with respect to the Public Wi-Fi Protection. When You roam internationally, Public Wi-Fi Protection works with iPhones but not Android Devices; data charges will apply unless You subscribe to the appropriate wireless data plan.

In order for the Public Wi-Fi Protection feature to better troubleshoot issues, the “Phone” permission is requested. To ensure you are in the US and eligible for the service, the “Location” permission is requested on Android Devices. In order for the Public Wi-Fi Protection feature to be configured, “VPN Connection” is requested. This feature is available with an Advanced subscription or specific rate plans only.

Wi-Fi Alerts
Wi-Fi Alerts warns you when a Wi-Fi network you join may be risky or under attack to help protect your personal and financial data. Wi-Fi Alerts automatically detects when your Device connects to a new network (Wi-Fi, Cellular, VPN, Tethered) and immediately runs a series of checks on that new network to ensure that it is behaving properly. If the network is deemed unsafe, the App will provide you with step-by-step instructions detailing how to disconnect from the network. In order for the Wi-Fi Alerts feature to notify you if you connect to an unsafe Network, the “Notifications” permission is requested.

Public Wi-Fi Protection is only available with an Advanced subscription or qualifying rate plans.

2.2.10 Identity Monitoring (Advanced Feature)

Identity Monitoring scans the internet to check for potential compromises of your personal information. This feature will monitor the personal information you provide, including your email address, phone number, driver’s license number, medical ID number and/or your passport number. Identity Monitoring is not guaranteed as it may not be able to find all instances of potential compromises. This feature is available with Advanced subscription or qualifying rate plans only.

2.2.11 Reverse Number Lookup (Advanced Feature)

Enter a U.S. number to get caller details. This Advanced Feature matches U.S. telephone numbers to a name and city. Limit of 200 queries within 24-hour period. It is available with an Advanced subscription or qualifying rate plans only.

2.2.12 Caller ID (Advanced Feature)

Identifies your incoming calls by name and location, when available. Must be in an AT&T HD Voice coverage area. It is available with an Advanced subscription or qualifying rate plans only.

2.2.13 Safe Browsing (Advanced Feature)

Safe Browsing checks websites for known malware and phishing attacks. If a website you want to visit is determined to be unsafe, you will be warned about the danger before you connect to the website. You will be permitted to ignore the warning and connect anyway if you wish. Safe Browsing requires activation of Public Wi-Fi Protection. Because of the evolving nature of on-line threats, Safe Browsing may might not detect all suspicious websites. If other Enterprise VPNs are in use, it will cause Safe Browsing to pause until the other VPN is turned off. This feature is available with an Advanced subscription or qualifying rate plans only.

2.2.14 Theft Alerts (Android only) (Advanced Feature)

Theft Alerts uses your Device's camera and location features to help You figure out where your Android smartphone might be in the event your Device is lost or stolen. If Theft Alerts is activated, the App monitors certain Device behaviors which trigger email alerts. Triggering events include:

  • Incorrect password entries on Your Device or the App's lock screen;
  • Removal or change of SIM cards;
  • Enablement of airplane mode;
  • Disablement of the App's Device administrator capabilities (via device settings or through the mobile application); and,
  • Powering down the Device (not through a battery event).

Theft Alerts activates Your Device camera remotely, without sound or other notification, and sends the resulting picture and its GPS coordinates to your email address that you provided when you set-up the App. Whenever possible, the App will attempt to send Theft Alert emails in an encrypted format. Note, certain conditions may apply whereby emails are delivered in an unencrypted format.

The “Location” permission is requested for Theft Alerts to capture the Device's location and email it to the user whenever an associated Theft Alert is triggered. The “Device Admin permission” is requested in order for the “Wrong Pin Entered Multiple Times” or “App Uninstalled” Theft Alerts triggers to function. The “Phone” permission is requested for the “SIM Card Removed” Theft Alert trigger to function. The “Camera” permission is requested in order for Theft Alerts to take a photo whenever an associated Theft Alerts is triggered.

What types of information does Theft Alerts collect, if activated:

  • Passcode entry attempts and other technical Device data.
  • In addition to the photographic and location information described above, the App keeps track of Device behaviors that trigger Theft Alerts.

How the information that Theft Alerts collects is used:

When Theft Alerts is activated and a photo is taken, the picture and location data are stored briefly on a server in order to send an email with the picture and a map (when available) of Your Device's last known location.

When an email is sent to the address associated with Your account, the picture is then deleted from the server.

This feature is available with Advanced subscription or qualifying rate plans only.

2.3 Customer & Device Eligibility

The Service is only available to AT&T wireless customers with compatible iPhones 6 and above, running iOS v12 or higher, or Android smartphones v11 or higher that are eligible for and have AT&T HD Voice enabled on their account for that Device. Certain AT&T wireless services and features may conflict with AT&T HD Voice. For more information on AT&T HD Voice, please visit att.com/HDVoice.

2.4 About the App

The App is necessary to access all available Service features.

For example and without limitation, while AT&T provides Auto Fraud Call Blocking, the App is necessary to access the Personal Block List, Spam Risk Call Blocking, and Advanced Features. The App also allows you to report callers as fraud or spam, and to view a list of automatically and manually blocked callers and make changes to un-block specific callers. Call logs in the App will not match Device call logs and are not intended to replace Device call logs. When private callers (who use *67 to hide their number) are blocked as fraud or labelled as spam, a phone number of all zeros (e.g., 000-000-0000) will be presented within the App.

The App may not be compatible with all applications, services, and Devices.

For optimal performance on Android smartphones, AT&T recommends that You only have one anti-virus, anti-malware program running on Your device. The App may result in increased battery usage by your device. Data rates may apply when You use this App.

2.5 Fees

Certain App features may be made available on a subscription basis only.

Depending upon the rate plan You subscribed to, AT&T may make some features (“Advanced Features”) available to you at no charge.

If a subscription fee applies, Advanced Features are provided to you for a monthly subscription term specified at the time you place your order (the “Subscription Term”) and will automatically renew for additional periods of the same duration unless you cancel your subscription. For iOS users, you will be auto-billed every month through your iTunes account unless you cancel your subscription. To manage your subscription, go to iTunes. For Android users who choose Google billing, you will be auto-billed every month through your Play account unless you cancel your subscription. To manage your subscription, go to Play. With respect to Advanced Features, the rights granted to you in Section 5 are subject to our receipt of payment of the applicable fees (either directly from you or from the app store distributor through whom you purchased the App) and end when your Subscription Term is cancelled or terminated.

2.6 Failure to Pay

If you fail to timely pay any applicable fees, if we are unable to process your payment, or if we do not receive our corresponding payment from the applications store from whom you purchased a subscription, AT&T at its option may suspend or terminate your right to use the Service or other services associated with the subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.

2.7 Automatic Renewals

If your subscription is billed to your AT&T wireless bill, and unless otherwise specified by us at the time you place your order, your Subscription Term is auto-recurring and will automatically renew for additional terms of the same length. You authorize AT&T to immediately begin charging the payment method provided and to continue to do so for any renewed Subscription Term until you cancel. If you subscribed via Google Play or iTunes your subscription will also automatically renew at the end of the current period.

2.8 Service Cancellation

If Your subscription is billed to your AT&T wireless bill, You may cancel the ActiveArmor mobile security service or ActiveArmor advanced mobile security service in the App (go to Settings, select Manage Account, press “Change service” followed by “Remove”), by logging into myAT&T, or by contacting AT&T Support at 611 from Your wireless phone, or 1-800-331-0500 (postpaid), 1-800-901-9878 (AT&T PREPAID). Business customers will need to contact their AT&T Account Manager. If You subscribed via Google Play or iTunes, log into Your account and cancel Your subscription.

Regardless of how You cancel your subscription, here are a few things to remember:

  1. Your App settings including any list of callers designated by You for call blocking, will be deleted upon cancellation of the Service.
  2. Once the ActiveArmor advanced mobile security Subscription expires, you will be downgraded to the ActiveArmor mobile security subscription.
  3. To remove the Service entirely, You can remove the Service within the App or via myAT&T, once Your iTunes or Google Play subscription ends.
  4. If You fail to cancel before the renewal date, You will be responsible for paying for the renewed Subscription Term. Please note that if You elect to cancel during a Subscription Term, You will not receive a refund or credit for the remaining portion of Your then-current Subscription Term.

2.9 Aggregated Data

We, our pertinent suppliers, and their subsidiaries and agents may aggregate your data with other customers' data in non-personally identifiable form to better understand current malware and spyware threats and to improve the Service and other products, services and technologies. We may also share this anonymous or aggregated data publicly to help others understand mobile threats and gain insights into particular mobile applications.

2.10 Registration, Account, and Security

By activating the Service, You acknowledge and agree that information concerning the voice calling and contacts relating to Your Device or the Devices of users associated with Your wireless account may be disclosed to AT&T, its suppliers, and the authorized representatives as part of the Service, and You further agree to notify any users associated with Your wireless account concerning this disclosure of such information. You also represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement on behalf of Yourself and users on Your account. You agree to be responsible for all activities occurring under Your account and for all authorized users of Devices associated with Your account. You understand and agree that even if You are not the account holder for Your Device, Your use of the Service is subject to this Agreement and the other applicable terms.

You are responsible for implementing and maintaining Service settings for Devices associated with Your wireless account and/or under Your control and explaining to any user associated with Your wireless account the limitations You impose on such user's ability to access and use AT&T's wireless services, including but not limited to blocking or unblocking of calls from certain callers.

If You do not have an AT&T User ID, you will be required to create or associate an AT&T User ID with billing account rights when you subscribe to the App through myAT&T.

You are responsible for keeping Your AT&T User ID and associated password secure. AT&T is not liable for any unauthorized use of the Service or for any damage or loss that You may suffer as a result of any unauthorized use of the Service.

2.11 Updates and Product Changes

You acknowledge and agree that, during the term of this Agreement, the Service may incorporate technological advances and be improved, and AT&T may automatically send updated versions of the App. Unless otherwise specified by AT&T in writing, this Agreement will also govern any bug fixes, patches, maintenance releases, upgrades and updates to the App that AT&T or its supplier develops and makes available to you (“Updates”), and such Updates will be included as part of the Service under this Agreement. We may require You to accept Updates to the App that You have installed on Your Device. However, you understand and agree that AT&T has no obligation to provide you with Updates and that any Updates may be made available for a fee or under different or additional terms and conditions, as determined by AT&T. Services consisting of installable software (such as our App) may update automatically on your Device once a new version or feature is available, and you consent to such automatic Updates. We are constantly changing and improving our Service, so we reserve the right without liability to you to add or remove functionalities or features, to modify the Service and to suspend or stop the Service altogether.

3. CONSENT FOR INFORMATION DISCLOSURE IN CONNECTION WITH THE SERVICE

3.1 Consent for Information Disclosure in Connection with Call Features

The Service includes the following call and related Features: Auto-Fraud Call Blocking, Spam Risk Labeling & Blocking; Unknown Calls to Voicemail, Personal Block List, Nuisance Call Alerts, Nuisance Call Controls, Reverse Number Lookup, and Caller ID (collectively “Call Features”)

In order to perform the functions of the Service including but not limited to its Call Features, AT&T may use and/or disclose or allow the disclosure to our third-party vendor(s) of Your personal information, including without limitation mobile number, contacts/address book in order to populate detail in the call detail screen, the presence or absence of calling party phone numbers in your Device address book, and App usage information, such as which numbers you report and/or manually block within the App, as factors to determine which callers are suspected fraud and spam. The contact names and phone numbers in your Device address book are not shared for any purpose other than improving your experience with the App by helping you to recognize known callers.

By Using the Service, You Consent to Disclosure of CPNI As Discussed in this Paragraph.

To perform the functions of the Service, AT&T may use and/or disclose information regarding your AT&T wireless account, including call detail information, to our supplier(s). Call detail information may include inbound and outbound phone calls, calling and called numbers, time and duration of calls, and whether you answer or end those calls.

Our supplier(s) may use this information to improve the Service as well as to improve other call protection services the supplier offers or develops. Your account information and other information we collect about telecommunications services you purchase from us, is considered customer proprietary network information (CPNI).

You have the right to restrict the use and disclosure of your CPNI, and AT&T has a duty to protect the confidentiality of your CPNI. Restricting the use of your CPNI will not affect any other service(s) to which you currently subscribe from AT&T. However, it will prevent you from being able to use Call Features since CPNI is necessary to perform the functions of the Service.

Your CPNI authorization is effective until you revoke it, which you may do by cancelling the Service as set forth in this Agreement. Please note that simply deleting the App will not cancel the Service.

3.2 Consent for Information Disclosure in Connection with Data Features

The Service includes the following data security and related features: Device Security, Breach Reports, Public Wi-Fi Protection (VPN & Wi-Fi Alerts), Identity Monitoring, Reverse Number Lookup, Safe Browsing, and Theft Alerts (collectively “Data Features”)

In order to perform the functions and to improve the effectiveness of the Service including but not limited to its Data Features for all users, AT&T, its pertinent suppliers and their subsidiaries, agents and subcontractors may collect, maintain, process, use, and disclose diagnostic, technical, usage and related information including, but not limited to, information about:

  • the type of Device You are using and the operating system You are running;
  • Your applicable wireless network provider/carrier;
  • the applications and files present on Your Device and SD memory card;
  • the results of any scans performed by the App; and
  • actions You take as a result of any virus or malware notifications.

We also may collect information about how the App and any associated Service applications behave on Your Device and the network services with which applications installed on Your Device communicate in order to determine if any applications are behaving maliciously (for example, is an application accessing Your address contacts, sending premium-rate text messages that charge money to Your wireless bill, or communicating with a server known to host phishing websites).

For the Identity Monitoring feature, the personal information you provide in the App, including your email address, phone number, driver’s license number, medical ID, and passport number will be shared with AT&T’s third-party vendor and its subcontractor and stored in their secure servers. You hereby consent to the collection, disclosure and use of this data.

By Using the Service, You Consent to Disclosure of Your Information discussed in this Paragraph.

If You are accepting this Agreement as an account holder of an AT&T wireless account for which there are multiple Devices, You further agree to notify any users associated with Your wireless account concerning this disclosure of such information, You represent and warrant that You have the authority to agree to the terms and conditions specified in this Agreement, including in this paragraph, on behalf of Yourself and users.

4. LIMITATIONS, DISCLAIMER

No Anti-Virus Anti-Malware Application for Android Devices or iPhones can guarantee 100% detection and removal of viruses and malware. You acknowledge that AT&T, its collaborators, and suppliers are not liable to You for any damage or loss resulting from the failure of the App to detect and/or remove any virus or malware. You also acknowledge that the App could make changes to Your Device, Your Device's operating system or applications that could affect its functionality, such as deleting system or application files identified correctly or incorrectly by the App as a virus or malware. TO THE FULLEST EXTENT ALLOWED BY LAW, AT&T, ITS COLLABORATORS AND SUPPLIERS HEREBY DISCLAIM ALL LIABILITY FOR DAMAGES THAT MAY BE CAUSED TO YOU OR OTHERS BY ANY SUCH TRANSMISSION, ERASURE OR DISABLEMENT OR BY ANY UNAUTHORIZED DISCLOSURE OR ALTERATION OF ANY SUCH INFORMATION.

5. LICENSE GRANT, USE RESTRICTIONS & INTELLECTUAL PROPERTY RIGHTS

5.1 License Grant

Subject to the terms and conditions of this Agreement, including without limitation the restrictions set forth in Section 5.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App with the Service on your Device and to access and use the App on such Device, strictly in accordance with the terms and conditions of this License, and all applicable local, national, and international laws and regulations. If You are a business customer, AT&T extends the grant of this License to cover the installation and use of one copy of the App associated with the Service to one Device for each of Your CRUs.

5.2 Restrictions on Use

You shall not:

  1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App and/or any other applications associated with the Service, for any purpose;
  2. modify, adapt, improve, or create any derivative work from the App and/or associated applications;
  3. violate any applicable laws, rules or regulations in connection with Your access or use of the App and/or associated applications;
  4. remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors;
  5. use the App and/or associated applications in a manner that derives revenue directly from such use, or use them for any other purpose for which it is not designed or intended;
  6. install, use or permit the App and/or any associated applications to exist on more than one Device at a time (unless You are a business customer responsible for provisioning the App across several CRUs);
  7. distribute the App to multiple Devices (unless You are a business customer responsible for provisioning the App across several CRUs);
  8. make the App and/or associated applications available over a network or other environment permitting access or use by multiple Devices or users at the same time;
  9. use the App and/or associated applications for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T;
  10. use the App and/or associated applications to send automated queries to any website or to send any unsolicited commercial e-mail;
  11. use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any applications, accessories or Devices for use with the App and/or associated applications;
  12. circumvent, disable or tamper with any security-related components or other protective measures applicable to the App and/or associated applications or the Device or
  13. reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App.

You agree to abide by the rules and policies established from time to time by AT&T. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the App and/or associated applications and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Rights to Application

The App and/or other applications associated with the Service (including its source and object code), any copies thereof (whether or not present on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. The source and object code of the App and/or other applications are the proprietary and confidential information of AT&T and its collaborators, licensors, and suppliers. The App and other associated applications are licensed, not sold, to You. Title to the App and associated applications shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the App and/or associated applications (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the App and/or associated applications by implication, estoppel or other legal theory, and all rights in them not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.

6.2 AT&T Marks

The following company names and their related logos and all related product and service names, design marks and slogans are trademarks and or service marks owned by and used under license from AT&T: “ActiveArmor mobile security” and “ActiveArmor advanced mobile security” (the “AT&T Marks”). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason. These obligations survive termination of this License.

6.3 Open Source Software

The App and/or other applications associated with the Service may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the App and/or associated applications is subject to and governed by the terms and conditions of any applicable open source license (the “Open Source License Terms”). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

6.4 Third Party Content and Services

The App and other applications associated with the Service may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties (“Third Party Content and Services”). Your use of Third-Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. AT&T does not investigate, monitor, represent, endorse, or publish the Third-Party Content and Services. AT&T reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the App and/or associated applications. AT&T shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third-Party Content and Services.

6.5 User-Submitted Content

6.5.1 Responsibility for User-Submitted Content

The App may contain features that allow You to submit, post or display content through the App. You agree not to use or allow others to use the App, directly or indirectly through Your Device or wireless number in a way that violates AT&T's Acceptable Use Policy. You are solely responsible for any liability arising out of any user-submitted content.

6.5.2 License for User-Submitted Content

If You provide content through the App (“User Submission”), You grant AT&T a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works without compensation or attribution to You. You also hereby waive any moral rights in Your User Submission. AT&T may remove Your User Submission at any time in its sole discretion. AT&T is not under any obligation of confidentiality, express or implied, with respect to Your User Submission. You represent and warrant that You own or otherwise control all necessary rights, consents and permissions to Your User Submission necessary to submit such material and to grant AT&T all of the license rights granted herein.

7. TERM AND TERMINATION

This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, disable the Service, App and/or other applications associated therewith, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the Service and uninstall the App and any associated applications. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.

8. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE (AS DEFINED HEREIN), APP, THIRD PARTY CONTENT AND OTHER SERVICES AND OTHER APPLICATIONS ASSOCIATED WITH SUCH SERVICES, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION.

TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT:

  1. THE SERVICE, APP AND/OR ANY ASSOCIATED APPLICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, INCLUDING BUT NOT LIMITED TO CALLER IDENTIFICATION AND CLASSIFICATION FEATURES, WHICH MAY IMPROPERLY IDENTIFY, BLOCK OR CLASSIFY INCOMING AND OUTGOING CALLS;
  2. THE SERVICE, APP AND ANY ASSOCIATED APPLICATIONS WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE;
  3. THE QUALITY OF ANY PRODUCTS, OTHER SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE, APP AND ANY ASSOCIATED APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR THAT
  4. ANY ERRORS IN THE SERVICE, APP OR ANY ASSOCIATED APPLICATIONS WILL BE CORRECTED OR THAT THE SERVICE, APP OR ASSOCIATED APPLICATIONS WILL BE MAINTAINED.

YOU ACKNOWLEDGE THAT THE SERVICE, APP AND ASSOCIATED APPLICATIONS ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SERVICE, APP AND/OR ASSOCIATED APPLICATIONS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.

AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICE, APP OR ASSOCIATED APPLICATIONS WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE.

FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE.

YOU ACKNOWLEDGE AND AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE SERVICE, APP AND/OR ASSOCIATED APPLICATIONS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.

IF YOU HAVE OBTAINED THE APP AND/OR ASSOCIATED APPLICATIONS FROM ONE OF OUR APP STORE COLLABORATORS, YOU ACKNOWLEDGE AND AGREE THAT SUCH COLLABORATOR HAS NO RESPONSIBILITY TO PROVIDE YOU WITH ANY WARRANTY, MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO THE APP OR ASSOCIATED APPLICATIONS OR FOR OTHERWISE ADDRESSING ANY ISSUE OR CLAIM WITH THEM.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE CSA OR THE BUSINESS AGREEMENT MAY PROVIDE LIMITED REMEDIES TO YOU.

THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

9. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, APP, THIRD PARTY CONTENT AND OTHER SERVICES AND/OR ASSOCIATED APPLICATIONS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT TO THE EXTENT PROHIBITED BY LAW, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S, ITS COLLABORATORS', SUPPLIERS' AND LICENSORS', AND THEIR AFFILIATES', OFFICERS', DIRECTORS', AGENTS' AND EMPLOYEES' AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF

  1. THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP,
  2. THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR
  3. TWO DOLLARS ($2.00).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.

SOME STATES DON'T ALLOW DISCLAIMERS OF IMPLIED WARRANTIES OR LIMITS ON REMEDIES FOR BREACH. THEREFORE, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

10. INDEMNIFICATION

You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers, and licensors, and their respective affiliates, officers, directors, agents, and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: (i) Your access to or use of the Service, the App and/or associated applications or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; and or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the App. These obligations survive termination of this License.

11. DISPUTE RESOLUTION BY BINDING ARBITRATION

Please read this carefully. It affects your rights.

11.1 Summary

Our customer-service department can resolve most customer concerns quickly and to the customer’s satisfaction. Please visit att.com/support/contact-us/ to contact the customer-service team for your AT&T Service. In the unlikely event that you are not satisfied with customer service's solution (or if we haven't been able to resolve a dispute between us after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will be responsible for all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from AT&T to at least the same extent as you would be in court. In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) twice his or her reasonable attorneys' fees if the arbitrator awards you an amount that Is greater than the value of what AT&T offered you to settle the dispute.

11.2 Arbitration Agreement

11.2.1 Claims Subject to Arbitration:

AT&T and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
  • claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims for mental or emotional distress or injury not arising out of bodily injury;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References to “AT&T,” “you,” and “us” include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future subsidiaries, affiliates, related entities, agents, employees, and all authorized or unauthorized users or beneficiaries of AT&T Services or products under past, present, or future Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

11.2.2 Pre-Arbitration Notice of Dispute:

A party who intends to seek arbitration must first send to the other party a written Notice of Dispute (“Notice”). You may download the Notice form at att.com/arbitration-forms. The Notice to AT&T may be sent by U.S. mail or professional courier service to Manager - Dispute Resolution and Arbitration, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 (the “Notice Address”), or, alternatively, submitted electronically by following the instructions at att.com/noticeofdispute. The Notice must include all of the information requested on the Notice form, including: (a) your name; (b) your Account number; (c) the services (if any) to which your claim pertains; (d) a description of the nature and basis of the claim or dispute; (e) an explanation of the specific relief sought and the basis for the calculations; (f) your signature; and (g) if you have retained an attorney, your signed statement authorizing AT&T to disclose your confidential Account records to your attorney if necessary in resolving your claim.

If AT&T and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or AT&T may commence an arbitration proceeding. (If either you or we send the other an incomplete Notice, the 60-day period begins only after a complete Notice is received.) You may download a form to initiate arbitration at att.com/arbitration-forms. In addition, information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, is currently available at adr.org/support. A copy of the arbitration demand must be sent to the Notice Address listed above.

11.2.3 Arbitration Procedure:

The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court.) The AAA Rules are available online at adr.org or may be requested by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) All issues are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic, videoconference, or in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or AT&T is entitled. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based. Except as provided in subsection 11.2.6 below, the arbitrator can award the same damages and relief that a court can award under applicable law.

11.2.4 Arbitration Fees:

If AT&T initiates arbitration or if you initiate arbitration of claims valued at $75,000 or less, AT&T will pay all AAA filing, administration, case-management, hearing, and arbitrator fees, so long as you have fully complied with the requirements in section 11.2.2 for any arbitration you initiated. In such cases, AT&T will pay the filing fee directly to the AAA upon receiving a written request from you at the Notice Address or, if the AAA requires you to pay a filing fee to commence arbitration, AT&T will promptly reimburse you or arrange for the AAA to reimburse you for the filing fee and will remit the filing fee to the AAA itself. If you seek relief valued at greater than $75,000, the payment of the AAA filing, administration, case-management, hearing, and arbitrator fees will be governed by the AAA rules. In addition, if the arbitrator finds that either the substance of your claim or the relief sought in the arbitration demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

11.2.5 Alternative Payment and Attorney Premium:

If you fully complied with the requirements above in subsection 11.2.2 and the arbitrator issues an award in your favor that is greater than the value of AT&T’s last written settlement offer made before the arbitrator was selected, then AT&T will:

  • pay you the amount of the award or $10,000 (the “Alternative Payment”), whichever is greater; and
  • pay the attorney you retained, if any, twice the amount of attorneys’ fees reasonably incurred and reimburse any reasonably incurred expenses (including expert witness fees and costs) that your retained attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration (the “Attorney Premium”).

If AT&T did not make a written offer to settle the dispute before the arbitrator was selected, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may resolve disputes and make rulings as to the payment and reimbursement of attorneys' fees, expenses, the Alternative Payment, and the Attorney Premium upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys' fees and expenses is greater than the value of AT&T's last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees and expenses that you reasonably incurred pursuing the arbitration through the date of AT&T's settlement offer.

The right to the Attorney Premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the Attorney Premium and a duplicative award of attorneys’ fees or expenses. Although under some laws AT&T may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award unless you have retained an attorney and one or more of your claims is determined to be frivolous or brought for an improper purpose.

11.2.6 Requirement of Individual Arbitration:

The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person’s or entity's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.

11.2.7 Future Changes to Arbitration Provision:

Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during your service commitment, you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

11.2.8 Puerto Rico Customers:

For Puerto Rico customers, all references to “small claims court” in this arbitration provision should be understood to mean the Puerto Rico Telecommunications Regulatory Board.

12. MISCELLANEOUS

The following provisions survive termination of this License:

12.1 Governing Law, Limitation on Actions:

This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to this License, the App or Your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the CSA or Business Agreement. Otherwise, such cause of action is permanently barred. This Section 12.1 is not intended to and does not alter any provisions of the CSA or Business Agreement.

12.2 Contact Information

You may reach AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber or 1-800-331-0500 or visit https://www.att.com/myatt or https://www.wireless.att.com/business/ for business customers.

12.3 Severability

If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

12.4 Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

12.5 Export Control; Lawful Use

You may not export or re-export the App or other applications associated with the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the same was obtained. You represent and warrant that You are not located and will not use the App or associated applications in any country that is (a) subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You may not use the App or associated applications in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App or associated applications, or (b) by local law, in the jurisdiction(s) in which You use the App or associated applications.

12.6 Performance or Benchmark Testing

You may not disclose the results of any benchmark test using the App or any applications associated with the Service to any third party without AT&T's prior written approval.

12.7 Modification or Amendment

To the extent not prohibited by law, AT&T may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through the App or applications associated with the Service at Applications, Services and Features - Legal Policy Center - AT&T (att.com). You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App or associated applications following the date in which the modified or amended License is made available through the App or associated application or the referenced website.

12.8 Survival

Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.

12.9 Third Party Beneficiaries

You acknowledge and agree that AT&T's collaborators, suppliers and licensors (which, for avoidance of doubt, include without limitation Lookout, Inc., Neustar and Hiya), and their affiliates, officers, directors, agents and employees, are third-party beneficiaries of this License and have the right to enforce its provisions, including without limitation Sections 7, 8 and 9, against you as a third-party beneficiary thereof. Except as explicitly provided in this License or in incorporated agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

12.10 No Transfer by You

Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. AT&T may assign this License without restriction.

12.11 DMCA Copyright Notifications

You may send AT&T a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”). AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Registered Copyright Agent
4825 Creekstone Drive, Suite 300
Durham, NC 27703
E-mail: copyright@att.com
For further information, see https://www.att.com/legal/terms.dmca.html.

12.12 Entire Agreement

This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.

13. OPEN SOURCE LICENSE TERMS

The App may use the following Open Source Software that is licensed under the Apache License, Version 2.0, and You may not use this file except in compliance with the License. You may obtain a copy of the License at https://www.apache.org/licenses/LICENSE-2.0.

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. The software that is licensed under the Apache License, Version 2.0, includes the following:

13.1 Data Features

Android

iOS

13.2 Call Features

The App uses the following Open Source Software that is licensed under the Apache License, Version 2.0, and the license at https://www.apache.org/licenses/LICENSE-2.0:

The App may incorporate, use or access software that is subject to the following additional Open Source License Terms:

The App uses the following closed-source software

  • Google Billing
  • Adobe Mobile Library