Vodafone Device Support App and Web Portal Terms

Effective September 5, 2018

Overview

The Signal, L.P., an Assurant, Inc. entity (“We”, “Us” or “Our”) power the Device Support App and Web Portal, which provide troubleshooting for, and information on, how to repair common problems that occur in mobile devices that are eligible for Vodafone Device Support, in part through the use of a mobile application that can detect common problems (“App”) and an internet-based portal (“Web Portal”). You must be eligible for Device Support to use the App and the Web Portal and by using or accessing the App or the Web Portal you are confirming that you are eligible.

These Terms apply to your use of the App and Web Portal. Before registering a mobile device or otherwise accessing or using the App or Web Portal, please carefully read these Terms. By registering a mobile device or otherwise accessing or using the App or Web Portal in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms including any future modifications to them which are incorporated by reference. From time to time We will release updates to the App in order for us to continue to provide the App. It is your responsibility to ensure that all App updates are completed.

You are responsible for your usage of the App and the Web Portal. In addition to these Terms, your usage of the App and Web Portal is subject to our Privacy Notice and your eligibility for Device Support is subject to the Device Support Terms of Use.

Functionality Requirements

In order to operate the App, the mobile device which you register with Us must be running Android software version 5.0 or higher or iOS 10 or higher. We do not warrant that the App will be compatible with your mobile device.

Privacy Notice

Please read our Privacy Notice, (located at devicesupport.vodafone.co.uk/privacy ) carefully for a description of Our policy regarding the collection, use, and disclosure of your personal information. You must accept our Privacy Notice in order to use the App and Web Portal.

Modification to These Terms

We reserve the right, at Our discretion, to change, modify, add, or remove portions of these Terms at any time. We will notify you of material changes to these Terms, and your continued use of the App and/or Web Portal after we have provided notice constitutes your binding acceptance of such changes. Please see the section entitled “Electronic Communications” below for more information on how we will notify you of any changes to these Terms.

Ownership, Proprietary Rights and Confidentiality

The content, visual interfaces, information, graphics, design, compilation, software, and all other elements of the App and the Web Portal (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Materials are Our property, or the property of Our affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed through the Service are proprietary to Us, Our affiliated companies and/or third- party licensors. Except as expressly authorized by Us in the End User Licenses section below or as permitted by law, you agree not to sell, license, copy, modify, alter, reverse engineer, disassemble, decompile, translate, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. You agree not to disclose, publicly perform or display, transmit, publish, distribute or provide the Materials to any other party.

Electronic Communications

You agree that all Communications between you and Us will be conducted electronically. We may provide Communications to you by one or more of the following methods: (1) via e-mail, SMS or MMS, using contact information you provided to Us; (2) on the App or Web Portal; or (3) any other electronic method to the extent permissible by law. With respect to SMS and MMS communications, Vodafone may charge you a fee for receiving the message. “Communications” means all notices, reports, documents, disclosures or other information that We are required to provide to you by law, or as reasonably necessary to provide the App and Web Portal.

It is your responsibility to provide Us with accurate contact information including, but not limited to, a valid e-mail address. You must promptly advise Us of any changes in your contact information. You can update your contact information through the App. To view any Communication, you will need a device with Internet access. You are responsible for any charges you incur for your internet access.

Cancellation, termination, suspension or refusal of access to the App and/or Web Portal

The circumstances in which your access to the App and the Web Portal can be cancelled, terminated, suspended or refused are governed by and set out in the Device Support Terms of Use. WHERE WE EXERCISE SUSPEND, CANCEL, TERMINATE OR REFUSE ACCESS TO THE APP OR THE WEB PORTAL IN ACCORDANCE WITH THE DEVICE SUPPORT TERMS OF USE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE TERMINATION, REFUSAL, CANCELLATION OR SUSPENSION

Usage Rules and Prohibited Conduct

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WILL NOT:

  1. use the App or Web Portal or any location information displayed within the App or Web Portal to stalk, harass, abuse, defame, threaten or defraud other users of the App and Web Portal (“Users”), or collect, attempt to collect, or store location or personal information about others;
  2. use the App or Web Portal if you are under the age of 18 years old;
  3. use the App or Web Portal for any non-personal or non-private use without Our written consent, it being understood that the App and Web Portal are intended for individual, non-private use only and not for a User’s commercial exploitation;
  4. use the App or Web Portal for any illegal purpose, or in violation of any law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  5. include offensive or pornographic materials in any transmission by or through the App or Web Portal;
  6. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  7. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  8. use the App or Web Portal with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  9. use or reliance on the App or Web Portal as an emergency locator system or in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the App or Web Portal could lead directly to death, personal injury, or severe physical or property damage.
  10. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the App or Web Portal. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  11. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the App or Web Portal accounts of other Users;
  12. share passwords or access to your mobile device while the App or Web Portal is running and accessible with any third party or encourage any other User to do so;
  13. misrepresent the source, identity or content of information transmitted via the App or Web Portal;
  14. remove, circumvent, disable, damage, reverse engineer, or otherwise interfere with security-related features of the App or Web Portal, digital rights management technologies that are integrated in the App or Web Portal, features that prevent or restrict use or copying of any content accessible through the App or Web Portal, or features that enforce limitations on use of the App or Web Portal;
  15. intentionally interfere with or damage operation of the App or Web Portal or any User's enjoyment of the App or Web Portal, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  16. attempt to gain unauthorized access to the App or Web Portal, or any part of it, other accounts, computer systems or networks connected to the App or Web Portal, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the App or Web Portal or any activities conducted on the App or Web Portal;
  17. use any robot, spider, scraper or other automated means to access the App or Web Portal for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures We may use to prevent or restrict access to the App or Web Portal or modify the App or Web Portal in any manner or form, nor to use modified versions of the App or Web Portal including, without limitation, for the purpose of obtaining unauthorized access to the App or Web Portal; or
  18. sell or transfer or allow another person to access your account password, profile, or account.

Third-Party Sites

The App and Web Portal includes links to third party sites solely as a convenience to Users. We do not endorse those third party sites or the information, material, products or services contained on or accessible through them. Furthermore, We make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through any third party sites. Access and use of any third party sites, including information, material, products and services on or available through them is solely at your own risk. If you have any concerns or complaints in relation to third party sites please direct them to the relevant third party.

End User Licenses

License Grant. We hereby grant you a limited, non-exclusive, non-transferable, revocable license to (i) access the Web Portal using the account issued to you and (ii) download, install and use the App on the Registered Device. We also hereby grant you a limited, non-exclusive, non-transferable, revocable license to use the Materials solely in connection with your personal, non-commercial use of the App and the Web Portal.

Restrictions. You may not:

  1. modify, disassemble, decompile or reverse engineer the App or Web Portal, except to the extent that the restriction against such conduct is expressly prohibited by law;
  2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Materials to any third party;
  3. make any copies of the Materials;
  4. remove, circumvent, disable, damage or otherwise interfere with security- related features of the App or Web Portal, features that prevent or restrict use or copying of any content accessible through the App or Web Portal, or features that enforce limitations on use of the App or Web Portal;
  5. take any action that imposes or may impose (as determined by Us in Our sole discretion) an unreasonable or disproportionately large load on Our (or Our third party providers’) infrastructure;
  6. interfere or attempt to interfere with the proper working of the App or the Web Portal or any activities conducted on the App or Web Portal; or
  7. delete the copyright and other proprietary rights notices on the Materials.

Software Upgrades. You acknowledge that We may from time to time issue upgraded versions of the App and that you may be required to install and use the most current version of the App to use or continue to use the App.

Open Source. With respect to any open source or third-party code that may be incorporated in the App or Web Portal, such open source code is covered by the applicable open source or third-party license EULA(s), you can view any applicable third party software notices within the app by navigating to More > Settings > Open Source Attributions.

Rights Reserved. The foregoing license grants under these Terms are not a sale of the Materials or any copy thereof and We and Our third-party licensors retain all right, title, and interest in the Materials, App and Web Portal. Any attempt by you to transfer any of the rights, duties or obligations hereunder, is void. We reserve all rights not expressly granted under these Terms.

Export Control. The App is subject to United States export laws and regulations and may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the App may be subject to the import and export laws of other countries. You agree to comply with all applicable United States export laws related to use of the App together with the applicable in your jurisdiction.

Indemnification

You agree to fully indemnify, defend and hold Us harmless, immediately on demand, from and against all claims (actual or threatened), actions, awards, proceedings, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of the App or Web Portal or any other person accessing the App or Web Portal using your personal information.

LIMITATION OF LIABILITY

Notwithstanding any other provision in these Terms, nothing in these Terms will affect or limit any rights you may have as a consumer under English Law; or exclude or limit Our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

The App and Web Portal are provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties, whether express or implied, in relation to either the App or Web Portal or their use. You acknowledge that We cannot guarantee and cannot be responsible for the security or privacy of the App and any information provided by you. You must bear the risk associated with the use of the Internet.

In no event will We be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the App or Web Portal, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise. Your use of the App, the Web Portal and Materials is at your sole risk.

We are not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile device as a result of the installation or use of the App or Web Portal.

We do not warrant that (i) the App, Web Portal or Materials will meet all of your requirements; (ii) the App, Web Portal or Materials will be uninterrupted, timely, secure or error-free; or (iii) any defects or errors in the App, Web Portal or Materials will be corrected, and we disclaim any such warranties.

Any Material downloaded or otherwise obtained through the use of the App and Web Portal is done at your own discretion and risk and you are solely responsible for any damage to your registered device or corruption or loss of data that results from the download of any such Material.

No advice or information, whether oral or written, obtained by you from Us or through or from the App, Web Portal or Materials shall create any warranty not expressly stated in these Terms of Use.

We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control including, without limitation, mechanical, electronic or communications failure or degradation.

Entire Agreement and severance

These Terms are the entire agreement between you and Us with respect to your use of the App and the Web Portal, including the Materials. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to have been deleted from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.

Waiver

No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Third Party Rights and assignment

All third party rights are excluded and no third party shall have any right to enforce these Terms. This shall not apply to members of Our group from time to time who shall, subject to Our consent, have the right to enforce these Terms as if they were Us. Any rights of a third party to enforce these Terms may be varied and/or extinguished by agreement between Us and you without the consent of any such third party. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.

Law and Jurisdiction

The App and Web Portal are controlled and operated in the United States. These Terms, their subject matter and formation will be governed by the Laws of England and Wales and you and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be accessed here.

BY ACCEPTING THESE TERMS OR USING THE APP OR WEB PORTAL YOU AGREE TO THE PROVISIONS CONTAINED ABOVE.