AT&T Mobile Security Terms of Service and End User License Agreement
AT&T Mobility LLC ("AT&T"), licenses the AT&T Mobile Security application to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").
If at any time after reviewing or using the App You wish to terminate such use or this License, You must un-install and remove the App from Your Device, and delete any copy in Your possession. This License will automatically terminate if You are not, or are no longer, an AT&T subscriber subject to the terms of the WCA.
(a) "AT&T," "We," "Our" and "Us" mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "App" means the AT&T Mobile Security App, 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; (c) "You," "Your" and "Licensee" means: (i) an individual who downloads or uses the AT&T Mobile Security App and any person or entity represented by that individual; and/or (ii) if you are an AT&T business customer, the entities subject to the Business Agreement, the authorized representatives of those entities and all Corporate Responsibility Users (CRUs) of such entities.
2. THE APP:
The App is available to AT&T postpaid wireless customers with AT&T HD Voice-enabled Android smartphones. The Mobile Security app is open to customers of any wireless carrier, however Call Protect features are not available to non-AT&T customers or AT&T prepaid or bring your own device customers. For optimal performance on Android smartphones, AT&T recommends that You only have one anti-virus, anti-malware program running on Your Device. AT&T Call Protect network protection features are only available to AT&T postpaid wireless customers with AT&T HD Voice-enabled Android or iOS smartphones. The App may result in increased battery usage by your device. Data rates may apply when You use this App. Certain App features may be made available on a subscription basis only.
2.1 App Security Feature (Android only):
The App periodically scans your device and any applicable memory card(s) to determine in AT&T's 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 AT&T Mobile Security to scan for malicious files, the "File System Access" permission is requested.
2.2 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 app installation(s).
2.3 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. Not guaranteed to detect all instances of out-of-date software.
2.4 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 whereby a passcode or Touch ID is enabled on a device.
2.5 Automatic Fraud Blocking Feature (AT&T HD Voice-enabled Android or iOS smartphones only):
Potential fraud calls are automatically blocked so Your phone does not ring. This feature is defaulted on and may inadvertently block wanted calls, but Service settings can be adjusted within the Application to turn off blocking or to allow specifically designated numbers.
2.6 Spam Call Warning Feature (AT&T HD Voice enabled Android or iOS smartphones only):
Suspected spam call warnings are identified by category when possible on Your device's incoming call screen. 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 AT&T Call Protect Spam Call Warning. In addition, contact names stored in your device address book override AT&T Call Protect Spam Call Warnings.
2.7 Premium Subscription:
AT&T may make certain additional App features ("Plus Features") available to you on a subscription basis for a monthly recurring fee ("Premium Subscription"). These Plus 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 Premium Subscription. For iOS users, Your Premium Subscription will automatically renew each month unless auto-renew is turned off at least 24 hours before the end of the current month's billing period. With respect to Plus Features, the rights granted to you in Section 3 are subject to our receipt of payment of the applicable fees (either directly from you or from the Distributor through whom you purchased the App) and end when your Subscription Term is cancelled or terminated.
2.8 Automatic Renewals:
Unless otherwise specified by us at the time you place your order, your Subscription Term for a Premium Subscription 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.
2.9 Secure Wi-Fi VPN:
Secure Wi-Fi VPN is a Plus Feature that 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. Secure Wi-Fi VPN does not, however, guarantee complete security for your data since vulnerabilities may still exist and could be exploited. Secure Wi-Fi VPN is not compatible with Wi-Fi Calling on certain devices, in which case the data will bypass or disconnect the VPN connection. Secure Wi-Fi VPN may have slower speeds if used internationally on iOS smartphones. Secure Wi-Fi VPN is provided on an "as-is" basis with no warranties and makes no representations of any kind, express or implied, with respect to the Secure Wi-Fi VPN.
Secure Wi-Fi VPN is not compatible with certain video streaming apps, in which case the data will bypass or disconnect the VPN connection. In order for the Secure Wi-Fi VPN 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. In order for the Secure Wi-Fi VPN feature to be configured, "VPN Connection" is requested.
2.10 Safe Browsing:
Safe Browsing is a Plus Feature that 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 Secure Wi-Fi VPN. Because of the evolving nature of on-line threats, Safe Browsing may might not detect all suspicious websites.
2.10 Wi-Fi Alerts:
The App offers an optional feature that alerts 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 (WiFi, 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.
2.11 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 apps on your device in order to surface relevant information to you when the specific apps and services you use are breached (Android only).
2.12 Theft Alerts (Android only):
The App offers an optional feature that 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 application monitors certain device behaviors which trigger email alerts. Triggering events include:
- Incorrect password entries on your device or AT&T's Mobile Security application's lock screen
- Removal or change of SIM cards
- Enablement of airplane mode
- Disablement of AT&T Mobile Security's device administrator capabilities (via device settings or through the mobile application)
- 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 application. 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 "AT&T Mobile Security 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 the 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.
2.13 Enhanced Caller ID (AT&T HD Voice enabled Android or iOS smartphones only:
Identifies your incoming calls by name and location. Must be in an AT&T HD Voice coverage area. Available with a Plus Subscription only.
2.14 Personal ID Monitor:
Personal ID Monitor is a Plus Feature that will scan 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. Personal ID Monitor may not be able to find all instances of potential compromises.
2.15 CONSENT TO COLLECT, USE AND DISCLOSE PERSONAL INFORMATION:
In order to perform these functions, and to improve the effectiveness of the App for all users, AT&T, its pertinent suppliers, including Lookout, 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 Application;
- and actions You take as a result of any virus or malware notifications.
We also may collect information about how 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 ID 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 Lookout and its subcontractor and stored in their secure servers. You hereby consent to the collection, disclosure and use of this data. 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 on Your account.
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 App 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.
2.17 LIMITATIONS, DISCLAIMER.
No Anti-Virus Anti-Malware Application for Android devices can guarantee 100% detection and removal of viruses and malware and 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.
You may cancel the App anytime in the AT&T Mobile Security Application, in myAT&T (AT&T subscribers using Android smartphones), or by contacting AT&T at 1-800-331-0500, or 611 from your wireless phone (AT&T subscribers using Android smartphones). If you signed up for the Premium Subscription, You may cancel an upcoming Subscription Term renewal through your myAT&T (for Android subscribers) or through iTunes (for iOS subscribers), but you must do so before your renewal date to avoid incurring additional fees. If you fail to cancel before the renewal date, you will be responsible for paying fees for the renewed Subscription Term. For iOS subscribers, to manage your subscription and cancel AT&T Mobile Security, go to account settings in iTunes. No cancellation of the current month's subscription is allowed. No refunds or credits for partial subscriptions terms. Once your Plus subscription is canceled, you will be downgraded to the basic free version of AT&T Mobile Security. To remove the service entirely, you can cancel in this app or in myAT&T once your iTunes subscription ends.
2.19 Failure to Pay.
If you fail to timely pay any fees or if we are unable to process your payment, AT&T at its option may suspend or terminate your right to use the Premium Subscription, without liability to you. Regardless of such termination or suspension, you will be responsible for paying all past due amounts.
3. UPDATES AND PRODUCT CHANGES:
You acknowledge and agree that, during the term of this Agreement, the App may adapt to technological advances and be improved, and AT&T may automatically send an updated version of the App. Unless otherwise specified by AT&T in writing, this Agreement will also govern any bugfixes, 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 considered "App Services" 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. App Services consisting of installable software (such as our mobile 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 App Services, so we reserve the right without liability to you to add or remove functionalities or features, to modify App Services and to suspend or stop an App Service altogether.
4. LICENSE GRANT AND USE RESTRICTIONS.
4.1 License Grant.
Subject to the terms and conditions of this Agreement, including without limitation the restrictions set forth in Section 4.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App on a single device owned and controlled by You ("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 to one device for each of Your CRUs.
4.2 Restrictions on Use.
You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) install, use or permit the App to exist on more than one Device at a time or on any other mobile device or computer (unless You are a business customer responsible for provisioning the App across several CRUs); (g) distribute the App to multiple Devices (unless You are a business customer responsible for provisioning the App across several CRUs); (h) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the App 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; (j) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (k) 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 Apps, accessories or devices for use with the App; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (m) 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 Application and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.
5. INTELLECTUAL PROPERTY RIGHTS.
5.1 Rights to App.
The App (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 are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App 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 (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 by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.
5.2 Open Source Software.
The App 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 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. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.
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 App, 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 App and uninstall the App. 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 APP, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP 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 APP, 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 (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS 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 APP 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 APP 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 APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE. IF YOU HAVE OBTAINED THE APP 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 FOR OTHERWISE ADDRESSING ANY ISSUE OR CLAIM WITH THE APP.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA OR THE BUSINESS AGREEMENT MAY PROVIDE LIMITED REMEDIES TO YOU.
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 APP, 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: (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 8 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.
You shall indemnify, defend and hold harmless AT&T, its collaborators, suppliers and licensors, and their 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 App or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; 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.
The following provisions survive termination of this License:
11.1 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 Application 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 WCA or the Business Agreement. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of the WCA.
11.2 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.
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.
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.
11.5 Export Control; Lawful Use.
You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained. You represent and warrant that You are not located and will not use the App 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 in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App, or (b) by local law, in the jurisdiction(s) in which You use the App.
11.6 Performance or Benchmark Testing.
You may not disclose the results of any benchmark test using the App to any third party without AT&T's prior written approval.
11.7 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 at att.com/mobilesecurityeula. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended License is made available through the App or the referenced website.
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.
11.9 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.), 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.
11.10 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.
11.11 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
For further information, see https://www.att.com/legal/terms.dmca.html
11.12 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.
12. Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-800-331-0500. In the unlikely event that AT&T's customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you 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. Arbitrators can award the same damages and relief that a court can award. 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 pay 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 what AT&T has offered you to settle the dispute.
12.2 Arbitration Agreement
AT&T and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate 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, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- 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 subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement 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.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office for Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. 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 amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.
After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or 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.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. 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, through a telephonic hearing, or by an 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. 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 the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the 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. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an 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 your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your 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 an 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 make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed in paragraph (4) 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 duplicative awards of attorneys' fees or costs. 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.
The arbitrator may award declaratory or 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
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 Arbitration 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.
12.3 Puerto Rico Customers
For Puerto Rico customers, references to "small claims court" in sections 12.1 and 12.2 should be understood to mean the Puerto Rico Telecommunications Regulatory Board.
The Application uses 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 http://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:
- Picasso, http://square.github.io/picasso/
- Otto, http://square.github.io/otto/
- Nimbus JOSE+JWT, https://connect2id.com/products/nimbus-jose-jwt
- Jcip Annotations, https://github.com/stephenc/jcip-annotations
- Google Gson, https://github.com/google/gson
- Google Guave, https://github.com/google/guava
- Square Okio, https://github.com/square/okio
- Square Wire, https://github.com/square/wire
- Square Dagger, https://github.com/square/dagger
- Square OkHttp, http://square.github.io/okhttp/
- Apache, http://www.apache.org/licenses/LICENSE-2.0
- Apache Tika, https://github.com/apache/tika
- Apache Commons, https://commons.apache.org/svninfo.html
- Apache Http Component, https://hc.apache.org/
- Butterknife, https://github.com/JakeWharton/butterknife
- butterknife-annotations, https://github.com/JakeWharton/butterknife
- rxbinding, https://github.com/JakeWharton/RxBinding
- Autovalue, https://github.com/google/auto
- ReactiveX/rxjava, https://github.com/ReactiveX/RxJava
- ReactiveX/rxandroid, https://github.com/ReactiveX/RxAndroid
- jp.wasabeef/picasso-transformations, https://github.com/wasabeef/picasso-transformations
- fr.avianey.com.viewpagerindicator, https://github.com/avianey/Android-ViewPagerIndicator
- greenrobot.org/greendao, https://github.com/greenrobot/greenDAO
- auto-value-gson, https://github.com/rharter/auto-value-gson/
The Application may incorporate, use or access software that is subject to the following additional Open Source License Terms:
- BranchIO, https://raw.githubusercontent.com/BranchMetrics/android-branch-deep-linking/master/License.txt
- Google Dagger, https://raw.githubusercontent.com/google/dagger/master/LICENSE.txt
- Google Auto, https://raw.githubusercontent.com/google/auto/master/LICENSE.txt
- json-smart by netplex, https://raw.githubusercontent.com/netplex/json-smart-v2/master/LICENSE
- Fabric, https://fabric.io/terms
- Square java poet, https://raw.githubusercontent.com/square/javapoet/master/LICENSE.txt
- Square leakcanary, https://raw.githubusercontent.com/square/leakcanary/master/LICENSE.txt
- Braintree payments SDK, https://raw.githubusercontent.com/braintree/braintree_android/master/LICENSE
- Mparticle, SDK https://raw.githubusercontent.com/mParticle/mparticle-android-sdk/master/LICENSE
- BouncyCastle Crypto, http://www.bouncycastle.org/licence.html
- Artem Zinnatullin ProGuard rules for RxJava, https://raw.githubusercontent.com/artem-zinnatullin/RxJavaProGuardRules/master/LICENSE
- Stephen Connolly JCIP Annotations, https://raw.githubusercontent.com/stephenc/jcip-annotations/master/LICENSE.txt
- Branch (MIT), https://github.com/BranchMetrics/ios-branch-deep-linking/blob/master/LICENSE.txt
- DateToolsSwift (MIT), https://github.com/MatthewYork/DateTools/blob/master/LICENSE
- Fabric (Apache 2.0), http://get.fabric.io/terms/opensource.txt
- FLAnimatedImage (MIT), https://github.com/Flipboard/FLAnimatedImage/blob/master/LICENSE
- InputMask (MIT), https://github.com/RedMadRobot/input-mask-ios/blob/master/LICENSE
- ISO8601DateFormatter (Custom), https://github.com/boredzo/iso-8601-date-formatter/blob/master/LICENSE.txt
- JSONModel (MIT), https://github.com/jsonmodel/jsonmodel/blob/master/LICENSE
- mParticle-Appboy (Apache 2.0), https://github.com/mparticle-integrations/mparticle-apple-integration-appboy/blob/master/LICENSE
- mParticle-Apple-SDK (Apache 2.0), https://github.com/mParticle/mparticle-apple-sdk/blob/master/LICENSE
- Reachability (BSD), https://github.com/tonymillion/Reachability/blob/master/LICENCE.txt
- NUI (MIT), https://github.com/tombenner/nui/blob/master/LICENSE.txt
- SDWebImage (MIT), https://github.com/rs/SDWebImage/blob/master/LICENSE
- Tweaks (BSD), https://github.com/facebook/Tweaks/blob/master/LICENSE
- Valet (Apache 2.0), https://github.com/square/Valet/blob/master/LICENSE