These Terms apply to
1.1. License. The Service is licensed, not sold, to you by
1.2. Restrictions. Except as permitted by applicable law, you may not assign, transfer, sublicense, copy, reproduce, redistribute, resell, modify, decompile, attempt to derive the source code of, or reverse engineer all or any part of the Service, or alter, disable or circumvent any digital rights management security features embedded in the Service. The Service may not be transferred from one device to another device. You may not create derivative works of all or any part of the Service. You agree the Service contains proprietary content and information owned by
1.3. Third Party Technology. If you are using DIGITS pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate license agreement with the relevant third party owner or licensor for the use of such Third Party Technology, (b) some products and/or functionality may not be accessible through the Third Party Technology, (c)
2. YOUR USE OF THE SERVICE
2.2. Service Charges. You acknowledge that certain features of the Service require phone service, data access or text messaging capability. Standard messaging, data and other fees may apply.
2.3. Device Requirement. A compatible device (a “Device”) is required in order to use DIGITS. You must ensure that your Device is compatible with DIGITS. Availability and performance of the Service is subject to all memory, storage and other limitations in the Device.
2.4. Marketing Preferences. All messages and calls, including those that include marketing messages, sent to a to a shared phone number will ring at, or appear on, all devices which those parties have connected for service and associated with the shared phone number. Because control over whether marketing messages are sent to a shared line belongs to the primary account holder, if you are not the primary account holder, you understand and agree that if you do not wish to receive such messages your sole remedy is to ask the primary account holder to change his or her marketing preferences with regard to that shared line.
2.5. Updates to DIGITS.
2.6. International Limitations. Certain features of the Service, including “Data with Paired DIGITS“ and “High Speed Data with Paired DIGITS,” will not work outside of the United States, Mexico, and Canada.
2.7. Commercial Codes. Commercial codes (i.e. a one time pin request) can only be delivered to the primary SIM card and will not display in the DIGITS Web Client, DIGITS App, Data with Paired DIGITS, DIGITS Talk and Text, PROXY by DIGITS, or LineLink DIGITS lines.
3. LIMITATIONS ON 911 EMERGENCY SERVICES AND WIRELESS EMERGENCY ALERTS
CAREFULLY READ THE INFORMATION BELOW. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911 FUNCTIONALITY. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS WHO MAY USE DIGITS TO PLACE CALLS OR SEND TEXTS.
3.1. You understand that DIGITS utilizes data to place voice calls, which may impede your ability to contact 911 emergency services. If possible, use a cellular connection and your primary
3.2. 911 functionality may be interrupted due to the use of DIGITS with other services, applications, or products. If you attempt to make a 911 call using DIGITS it may not be completed if there is a problem with the broadband network utilized, including network congestion, network, equipment, power failure, another technical problem, or during system updates or upgrades.
3.3. Before you use DIGITS, you must provide us with the primary street address at which DIGITS will be used (“Your E911 Registered Address”). If you call 911 using DIGITS, we will transmit Your E911 Registered Address to the 911 Communications Center that answers the call and it may be used to help emergency responders locate you. You agree to update Your E911 Registered Address if you plan
3.4. In some limited circumstances, such as when there is a problem validating a user’s E911 Registered Address, or the user is calling from a location outside of
3.5. DIGITS may be used via a
3.6 See www.
4. PRIVACY, ACCESS TO SHARED LINES, AND DATA SECURITY
4.1. Privacy. Use of the Service is subject to
4.2. Access to Shared Lines. For certain aspects of the Service, phone numbers associated with your account may be shared by multiple parties on multiple devices. Calls to a shared phone number will ring at all devices which those parties have connected for service and associated with the shared phone number. This includes the caller identification (Caller ID) information of any incoming call. Similarly, text messages sent to or from a shared phone number will be accessible on any device associated with the shared phone number. By participating in such aspects of the Service, you agree that such incoming call information and text message content may be available to any party on a shared line. Additionally, if you are not the primary account holder and/or billing responsible party for that line, data about calls you make or receive on that shared line will be available to the primary account holder and/or billing responsible party.
4.3. Data Security. The Service provides an unencrypted wireless connection to the Internet. Your transmission of data over this connection could impact the security of your data. By participating, you agree you are responsible for the security of your Device(s) and of any data in the transmissions you make or receive. You also understand the risks of unencrypted access to the Internet. You understand that you are in control of whether to take certain security precautions, including encrypting data transmissions, backing up any data and protecting your system with virus protection, a firewall, and robust user authentication.
5. PROPRIETARY RIGHTS
5.1. The Service contains propriety and confidential information that is protected by intellectual property laws and treaties.
5.3. DIGITS from
6.1. These Terms, which expressly incorporate the
6.2. If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms.
6.3. The failure by
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL DIGITS OR USE THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT