AT&T Secure Family Terms of Service and End User License Agreement

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AT&T Mobility LLC (“AT&T”), licenses the AT&T Secure Family and AT&T Secure Family Companion applications (“App” or “Apps” as defined below) to You, as the primary account owner (“Account Owner”) conditioned upon Your acceptance of this End User License Agreement (“Agreement” or “License”). Please read this Agreement carefully. It requires you and us to resolve disputes through binding arbitration on an individual basis rather than jury trials or class actions.

BY CLICKING “I AGREE” OR “ACCEPT”, BY CREATING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, OR USING THIS APP AND /OR THE SERVICE (AS DEFINED BELOW), YOU:

  1. A. ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS;
  2. B. AS ACCOUNT OWNER, ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER;
  3. C. ACKNOWLEDGE THAT THE INFORMATION YOU PROVIDE TO US ABOUT YOURSELF OR YOUR FAMILY MEMBERS IS TRUE AND ACCURATE, AND THAT YOU, AS THE ACCOUNT OWNER, ARE DULY AUTHORIZED TO PROVIDE THIS INFORMATION AND TO MONITOR THEIR ACCOUNTS. YOU FURTHER AGREE TO THE TERMS IN THIS AGREEMENT ON THEIR BEHALF AND TO NOTIFY FAMILY MEMBERS OF THIS AGREEMENT AND ANY DISCLOSURES.
  4. D. ACKNOWLEDGE AND AGREE TO THE APP’S COLLECTION OF YOUR FAMILY MEMBER’S DEVICE LOCATION I AS DESCRIBED HEREIN.
  5. E. ACKNOWLEDGE AND AGREE THAT INFORMATION CONCERNING THE LOCATION OF YOUR DEVICE AND THE DEVICES OF FAMILY MEMBERS ON YOUR ACCOUNT MAY BE DISCLOSED TO OUR SERVICE PARTNERS AND AFFILIATES, AS DISCUSSED IN MORE DETAIL BELOW, IN ORDER TO PROVIDE YOU THE SERVICES (AS DEFINED BELOW).
  6. F. AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, AVAILABLE AT https://www.att.com/legal/terms.aup.html;
  7. G. AGREE TO TERMS OF THE AT&T PRIVACY POLICY, https://about.att.com/csr/home/privacy.html;
  8. H. AGREE TO THE TERMS OF THE MOST CURRENT AT&T CONSUMER SERVICE AGREEMENT, AVAILABLE AT 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. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE CSA, THE APPLICABLE PROVISION OF THE CSA SHALL CONTROL.
  9. I. AGREE THAT THE TERMS OF THE AT&T ACCEPTABLE USE POLICY, AT&T PRIVACY POLICY, AND THE CSA ARE FULLY INCORPORATED INTO AND ARE PART OF THIS AGREEMENT.

PLEASE READ ALL OF THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SERVICE.

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 CSA.

1. DEFINITIONS:

  1. (a) “AT&T,” “We,” “Our” and “Us” mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns.
  2. (b) “App” or “Apps” means the AT&T Secure Family application and the AT&T Secure Family Companion application, any website, software, content or services provided in connection with the App, and any updates to these items. App use may result in increased battery usage by Your Device. Voice, data and messaging rates may apply when You use this App.
  3. (c) “Device(s)” generally means a mobile smartphone or tablet that performs many of the functions of a computer, typically having a touchscreen interface, internet access, and an operating system capable of running downloaded application.
  4. (d) “Family Members,” “Child” or “Children” means individuals set up in the App, other than the Account Owner. Via the App, the Account Owner can monitor and manage usage data of Family Members and their Device location as described in more detail below. Family Members may include children under 18 years of age.
  5. (e) “Service” means the AT&T Secure Family Service provided via the Apps including but not limited to its features as described herein.
  6. (f) “You,” “Your,” “Account Owner” and “Licensee” means the primary account holder who downloads and/or uses the App and manages the App’s use. If You are enrolling a parent or senior, minor or Child, spouse or domestic partner, You agree that the information You provide to Us about Yourself and Your Family Members is true and accurate and that You are duly authorized to provide Us this information and to monitor their accounts on their behalf. You further agree to these Terms on behalf of Your Family Members. Account Owners must be 18 years of age or older.

2. THE AT&T SECURE FAMILY SERVICE:

The Service allows You to track the location of Your Family Members’ and minor Children’s Devices and also monitor and manage their online activities. The Service includes the following features (“Features”):

  • Location Tracking (legacy Network Location Tracking & Device Based GPS Location)
  • Arrival/Departure Alerts
  • Scheduled Location Alerts
  • Location History
  • Breadcrumb Map
  • Saved Area
  • Adjustable Geofence
  • Block/Allow Internet
  • Off Time Limits
  • App Time Limits
  • Bedtime Limits
  • Content Filters/Block
  • Child App/Web Usage
  • Rewards
  • Multiple Devices per Family Member
  • All Family Members View on Map
  • Check In
  • Lost Phone Security Ring
  • SOS – Call for help button
  • Multiple Profile Types
  • Advanced Parental Controls (Apple only)
  • App Evasion Prevention (Apple only)
  • Navigate to Device Location
  • Family Member Battery Status
  • Child App/Web Usage Summary
  • Child Visibility Into time limits
  • YouTube/Safe Search
  • Multiple Parent/Guardian Administrators

The Service is only available to AT&T wireless customers (postpaid and prepaid) who subscribe to the Services. Subscribing AT&T Prepaid have access to all Features, above, except for Network Location tracking.

The Service is only available in the continental United States and Hawaii.

2.1 Setting Up Your Secure Family Service on the App

  • You—the Account Owner—must install the Secure Family App on Your Device, activate the Service and create a profile for each Child/Family Member You wish to monitor. You are the designated Parent/Admin for the account.
    • You can set content filters on each Device to customize Your Child/Family Member’s access to age-appropriate websites and apps; there are three filters High, Medium, Low or No filter.
    • You have the option to authorize Family Members to track Your Device’s location.
  • You must install the Secure Family Companion App on the Device(s) of any Family Member designated as a Child or Teen whose Device You wish to monitor with the Service, and these Devices must be paired with Your Device.
    • You—the Account Owner—will send an invite to the Child/Family Member’s Device(s) via text message, email or QR Code with a link to install the Companion App and a pairing code.
    • The Child Family Member must accept the invitation to have their Device paired to Your Device.
    • If the Child/Family Member declines the pairing invitation or You decide to not pair their Device, You cannot track their location or their internet or app usage.
    • You—as the Account Owner—may monitor multiple Family Members and multiple Devices per Family Member as described in Section 2.2, below.
  • You may also authorize other adult Family Members to install the Secure Family App on their Devices and allow them to use the Services, including to monitor Child/Family Member Device location and online activity.
  • To support the App, Devices must be running Android v.11+ or iOS v.15+ (or higher versions of these operating systems). Most Devices support the App and the Service:
      Account Owner Devices Family Member or Child Devices
    4G & 5G smartphones Yes Yes
    Samsung Galaxy Tablets Yes Yes
    iPads Yes (iOS 15+) Yes (iOS 15+)
  • Important Information
    • To set up the Service and use the App, You—the Account Owner—must provide information about Your Family Members and Devices used, and consent to the collection of personal information through the App, including but not limited to the personal information of Your Family Members and minor Children. Details about the personal information We collect can be found in our Privacy Policy, at AT&T Privacy Policy (att.com)
    • You authorize Us to make inquiries we consider necessary to validate Your identity, the identity of Your Family Members, or the identity of any other individuals using the App. In the event we do not receive all required personal information or consent during the set-up process, You agree that We, at our sole discretion, may refuse to allow You or Your Family Members to use the App. You are solely responsible for monitoring Devices and activity.
    • Account Owners who enroll Family Members represent and warrant that they have the authority to agree to the terms and conditions specified in this Agreement on behalf of Family Members and that they are duly authorized to provide the personal information of the Family Members, including minor Children, and to monitor their accounts. The Account Owner is responsible for the accuracy of the information.
    • By activating the App, You acknowledge and agree that Your and Your Family Members’ personal information, including but not limited to Device location information, may be disclosed to Our trusted service providers and affiliates in order to provide You the Service, and You agree to notify any Family Members concerning this disclosure.
    • Blocking Family Member Access to Apple App or Google Play Stores
      • The App disables AT&T’s “purchase blocker” feature. This means that a Family Member may attempt to make an app purchase on their Device through the Apple App Store or Google Play Store and bill directly to your AT&T wireless account.
      • You can prevent a Family Member from visiting either store by using the App’s Content Filters/Block feature to block the App Stores & Downloads category which prevents a Family Member’s Device from accessing the Apple App Store or Google Play Store.

2.2 Feature Descriptions

2.2.1 Location Tracking

You can track a Family Member's Device location on an interactive map using one of two options: Device-based GPS service or Network Location (available to legacy Account Owners only):

Device-based GPS Location: When You download the Secure Family Companion App on Child/Family Member Devices, You can track their Devices with GPS location tracking and use all Features described in this Section, including but not limited to, Location Schedule Alerts, Saved Area, Location History, Block/Allow Internet, and Content Filters.

Network Location: only available if You are a post-paid AT&T wireless subscriber that ubscribed to the Service before July 31, 2023, running App versions 10.20.1 for Android and 3.20 for iOS. The approximate location of the tracked Device is provided via cell towers and is less accurate than Device-based GPS Location. The Network Location feature will be available for a limited time to legacy Account Owners who will be instructed to accept App updates starting on or around July 31, 2023, to take advantage of all the App’s features outlined in this Section. While the legacy Secure Family Companion App is not required to be installed on the tracked Family Member’s Device to provide Network Location, the legacy Secure Family App features are limited to location on a map, location schedule alerts, and location history.

2.2.2 Arrival/Departure Alerts.

You can receive an alert on Your Device when Your Family Member’s Device enters or leaves a saved area (also known as a geofence).

2.2.3 Scheduled Location Alerts.

You can set a custom schedule on Your Device to receive an alert on Your Family Member's Device location based on a preset time of day.

2.2.4 Location History.

You can view the location history of Your Family Member’s Device for the past seven days.

2.2.5 Breadcrumb Map

You can view the location history of Your Family Member’s Device on a map for the past 24 hours.

2.2.6 Saved Area

You can save the name of a specific Device location on the map. This Saved location can be used for triggering Arrival/Departure Alerts.

2.2.7 Adjustable Geofence

Adjust the radius of a Saved Area to trigger arrival or departure alerts.

2.2.8 Block/Allow Internet.

You can set a temporary or permanent block on internet access for Your Family Member’s Device on demand.

2.2.9 Off Time Limits.

You can block internet access for Your Family Member’s Device at preset times of the day for configurable time periods.

2.2.10 App Time Limits

In addition to daily internet usage time limits, You can set time limits for specific apps or games on Your Family Member’s Devices.

2.2.11 Bedtime Limits

You can set sleep and awake times on Your Child’s Devices to block internet access.

2.2.12 Content Filters/Block.

You can set filters on internet and application content on Your Child/Family Member’s Device to limit access to appropriate websites and apps (there are three filters High, Medium, Low or No filter).

2.2.13 Child App/WebTime Usage

You can gain insight into how much time Your Family Members spend online.

2.2.14 Rewards

You can give Your Family Member extra screen time as a reward.

2.2.15 Multiple Devices per Family Member

You can set Content Filters/Block up Features on multiple Devices (phone, tablet, iPad) for each Family Member. The App supports up to 10 Family Member profiles and 30 Devices per family.

2.2.16 All Family Members View on Map

You can view all Family Members’ Devices at the same time on a map view.

2.2.17 Check In

As an alternative to monitoring, a Family Member can elect to check-in to let the Account Owner know they arrived safely at a particular location.

2.2.18 Lost Phone Security Ring

You can ring a tracked Device continuously for two (2) minutes to help find it.

2.2.19 SOS – Call for help button.

You can automatically send a notification to the Devices of all Family Members if a Family Member is in trouble and needs help.

2.2.20 Multiple Profile types

You can apply the desired content profile (e.g., High, Medium, Low or No filter) to each monitored Device used by a Family Member.

2.2.21 Advanced Parental Controls (Apple Devices Only)

You can use Apple’s Screen Time feature to enable Apple Family Sharing to set Secure Family as the primary App to manage the Family Member’s Screen Time.

2.2.22 App Evasion Prevention (Apple Devices Only)

With Advanced Parental Controls, You can prevent a Family Member with an Apple (iOS) Device from removing the App. Other tamper alerts are provided when the Family Member attempts to evade the App.

2.2.23 Navigate to Device Location

You can trigger a default navigation app, such as Google Maps or Apple Maps, to drive to the location of a Family Member’s Device.

2.2.24 Family Member Battery Status

You can view the battery life remaining on Family Member’s Device.

2.2.25 Child App/Web Usage Summary

You can receive a summary of a Family Member’s app/web usage on their Device.

2.2.26 Child visibility into their time limits

You and the Family Member can view a visual count down of the Family Member’s remaining internet time limits or time remaining to bedtime.

2.2.27 YouTube/Safe Search

Prevent Family member’s Device from accessing explicit content in search results and activate YouTube’s restricted content mode.

2.2.28 Multiple Parent/Guardian Admins

You can assign one or more adult profiles as adult admin. or adult viewer.

2.3 CONSENT TO DISCLOSE LOCATION INFORMATION:

The App accesses and uses Your and Your Family Members’ personal information including but not limited to Device based GPS and DeviceNetwork location information (“Location Information”) to track Your and Your Family Members’ location. By using the App, You agree that AT&T and our trusted service providers may collect, use, aggregate or disclose Location Information to provide the Services, including functions that are incidental and necessary to the Service and for improvements.

If You wish to stop allowing Location Information to be tracked and shared by this App, You must either cancel the Secure Family Service and uninstall the App or turn off Device tracking services, including location permissions, within the Device’s Operating System settings.

  • As the Account Owner, You can manually delete Your entire Family location history within the Secure Family App. Go into App Settings > Privacy and select “Delete location data.”
  • As the Account Owner/Parent, You have the option of not sharing your location with Your Family Members or not sharing another adult Family Member location with other Family Members. Location tracking is turned on by default for all Family Members. To turn off Location tracking, select Your profile or the profile of another adult Family Member on the Family Hub and select “Edit Profile” and toggle Off “Share location with all family members.” This will stop sharing location of all Devices under your profile or another adult profile.

2.4 CONSENT TO DISCLOSE PERSONAL INFORMATION:

We do not disclose personal information collected through the App to third parties except as necessary to our trusted service providers to provide the Services under the App and as provided in the AT&T Privacy Policy. By using the App, You agree to allow AT&T and its trusted service providers to use and disclose Your and Your Family Member’s personal information to provide the Services and to maintain and improve the App. If You wish to stop allowing Your or Your Family Member’s personal information to be tracked and shared by this App, You must uninstall the App.

2.5 PUSH NOTIFICATIONS.

When You are logged into the App, You may receive a message asking if You would like to allow push notifications. Push notifications are a way for the App to deliver information, including alerts, sounds and icon badges to Your mobile Device. Push notifications can be delivered even when You are not logged in or using the App. The App does not charge a fee for sending push notifications. You may adjust push notifications at any time through the notification settings on Your Device.

2.6 SERVICE MONTHLY SUBSCRIPTIONS & CANCELLATIONS

We may offer the App and related Service free the first 30 days after which the Service automatically renews at $7.99/month unless You cancel before the end of the first or a subsequent 30 days period. We reserve the right to modify or terminate the Service at any time, without notice and in our sole discretion.

Service Cancellation varies depending on your billing provider.

  • If AT&T bills You: You can cancel the App subscription anytime directly in the App or through Your myAT&T account, or by contacting AT&T directly by dialing 611 from your mobile Device. AT&T does not provide credits or refunds for partial months.
  • If Apple bills You: You can cancel the App subscription through Your Apple account. You must cancel before the renewal date to avoid incurring additional charges. Please review Apple’s policy regarding refunds or credits.
  • If Google bills You. You can cancel the App subscription through Your Google account. You must cancel before the renewal date to avoid incurring additional charges. Please review Google’s policy regarding refunds or credits.

Before you cancel, You must remove the App from your Your Child/Family Member(s)’ Device(s). Otherwise, You will be unable to remove the App from your Child/Family Member(s)’ Device(s.

2.7 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 and in its sole discretion, may suspend or terminate Your use of the App and the Service without liability to You. Regardless of such termination or suspension, You will be responsible for paying all past due amounts.

3. LICENSE GRANT AND USE RESTRICTIONS.

3.1 License Grant.

Subject to the restrictions set forth in Section 3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App on multiple Devices owned and controlled by You and/or your Family Members, and to access and use the App on such Devices strictly in accordance with the terms and conditions of this License and all applicable local, national, and international laws and regulations.

3.2 Restrictions on Use.

You and/or Your Family Members shall not:

  1. a) violate this License, including but not limited to Section 4 relating to AT&T’s Intellectual Property;
  2. b) violate any applicable laws, rules or regulations in connection with Your or Your Family Member’s access or use of the App;
  3. c) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose;
  4. d) modify, adapt, improve, or create any derivative work from the App;
  5. e) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors;
  6. f) 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;
  7. g) Use the App in a manner contrary to its intended use; or
  8. h) circumvent, disable or tamper with any security-related components or other protective safeguards or measures applicable to the App or the Device.

You and Your Family Members 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 obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.

4. INTELLECTUAL PROPERTY RIGHTS.

4.1 Rights to App.

The App (including its source and object code), any copies thereof, 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 and Your Family Members. 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 and Your Family Members 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.

4.2 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 service marks owned by and used under license from AT&T: “AT&T,” “AT&T Secure Family,” (the “AT&T Marks”). You and Your Family Members 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.

4.3 Open Source Software.

The App may include third party software that is subject to open source license terms (“Open Source Software”). You and Your Family Members acknowledge and agree that the 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.

5. THIRD PARTY CONTENT.

The App may permit access to products, services, websites, advertisements and content from advertisers, publishers, vendors and other third parties (“Third Party Content and Services”). Your and Your Family Member’s use of Third Party Content and Services IS AT YOU AND YOUR FAMILY MEMBER’S SOLE RISK AND DISCRETION, and may be subject to additional terms of use set by the third parties. AT&T does not investigate, monitor, represent, endorse or publish 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. AT&T shall have no liability arising out of or in connection with Your or Your Family Member’s access to and use (or misuse) of the Third Party Content and Services.

6. USER-SUBMITTED CONTENT.

The App may contain features that allow You and Your Family Members to submit, post or display content through the App. You and Your Family Members agree not to use or allow others to use the App, directly or indirectly 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.

If You or Your Family Members 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 the 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 or Your Family Members. You also hereby waive any moral rights in Your or Your Family Member’sUser Submission. AT&T may remove the User Submission at any time in its sole discretion. AT&T is not under any obligation of confidentiality, express or implied, with respect to the User Submission. You represent and warrant that You or Your Family Members own or otherwise control all necessary rights, consents and permissions to the 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 App, or suspend or terminate this License and the rights afforded 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/SERVICE, 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/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 APP/SERVICES, 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. I. THE APP/SERVICES WILL MEET YOUR REQUIREMENTS;
  2. II. THE APP/SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE;
  3. III. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP/SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR
  4. IV. ANY ERRORS IN THE APP/SERVICES WILL BE CORRECTED OR THAT THE APP/SERVICES WILL BE MAINTAINED.

YOU ACKNOWLEDGE THAT THE APP/SERVICES 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/SERVICES 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/SERVICES 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/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE CSA 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 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/SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF:

  1. (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP/SERVICES,
  2. (ii) (THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP/SERVICES DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR
  3. (iii) ) 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.

10. INDEMNIFICATION.

You and Your Family Members shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their 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 or Your Family Member’s access to or use of the App/Services or Third Party Content and Services; (ii) Your or Your Family Member’s breach of this License; (iii) Your or Your Family Member’s violation of law; (iv) Your or Your Family Member’s negligence or willful misconduct; or (v) Your or Your Family Member’s 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 or Your Family Member’s access to or use of the App. These obligations survive termination of this License.

11. MISCELLANEOUS.

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 Texas 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 Application must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the CSA. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of the CSA.

11.2 Contact Information.

You may reach AT&T Customer Service by dialing 611 from Your Device or 1-800-331-0500 or visit https://www.att.com/myatt.

11.3 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.

11.4 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.

11.5 Export Control; Lawful Use.

You and Your Family Members 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 and Your Family Members 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 and Your Family Members may not use the App in any manner or for any purpose prohibited (a) by United States law, regardless of where You or Your Family Members use the App, or (b) by local law, in the jurisdiction(s) in which You and Your Family Members use the App.

11.6 Performance or Benchmark Testing.

You and Your Family Members 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 https://www.att.com/legal/terms.securefamilyeula.html. You and Your Family Members will be deemed to have agreed to any such modification or amendment by continuing to use the App following the date in which the modified or amended License is made available through the App or at the above-referenced website.

11.8 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.

11.9 Third Party Beneficiaries.

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:

Manager of Security & Copyright Infringement,
1800 Perimeter Park Drive, Suite 100
Morrisville, NC 27560
E-mail: copyright@att.com

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. 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:

Android

iOS

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