These Terms apply to T-Mobile USA Inc.’s (“T-Mobile”) DIGITS from T-Mobile (the “Service”) and expressly incorporate the T-Mobile Terms and Conditions found at www.T-Mobile.com, including the arbitration provision found therein. The Service is comprised of a T-Mobile ID, the T-Mobileclient software (the “Client”), T-Mobile DIGITS web portal and client, and associated numbering and connectivity services. By your electronic acceptance of these Terms and/or use of the Service you agree to the following:
1.1. License. The Service is licensed, not sold, to you by T-Mobile and its licensors for your personal, lawful, non-commercial use. You may only access and use the Service and download the Client as authorized by these Terms. Subject to your continued compliance with these Terms, T-Mobile grants you the limited right to install and use one copy of the Client on your device in connection with your use of the Service.
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 T-Mobile, its licensors, and other third parties. T-Mobile, its licensors, and such other third parties reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Service at any time without notice and will have no liability for doing so. You agree that your violation of the license granted under these Terms harms T-Mobile, its licensors, and other third parties, which cannot be fully redressed by money damages, and that T-Mobile, its licensors, and such other third parties will be entitled to immediate injunctive relief against you in the event of a breach of these Terms, in addition to all other remedies available.
1.3. Third Party Technology. If you are using the Client 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 and (c) T-Mobile cannot guarantee that the Client shall always be available on or in connection with such Third Party Technology.
2. YOUR USE OF THE SERVICE
2.1. T-Mobile ID. Prior to your first use of the Service, you will be asked to create a T-Mobile ID if you do not already have one. You may only use the Service through your T-Mobile ID. You agree to accept responsibility for all activities conducted through your T-Mobile ID. You are responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access the Service using your T-Mobile ID. T-Mobile takes no responsibility for your failure to comply with the obligations in this paragraph 2.1.
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. T-Mobile customer use including data, calls, SMS and MMS messaging and other services will be billed according to their wireless service plan and pricing. If your wireless service is provided by a carrier other than T-Mobile, use of the Service may count against your service plan allotments. See your selected service for rates, allocation and other details.
2.3. Device Requirement. A compatible device (a “Device”) is required in order to use the Client. You must ensure that your Device is compatible with the Client. 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 the Client. T-Mobile is constantly improving the Service and may update the Client and/or update these Terms from time to time. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any updated version of the Client.
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.
3. LIMITATIONS ON 9-1-1 EMERGENCY SERVICES
3.1. e911. Text messages to 9-1-1 emergency services may not always operate as expected with the Client. Should you need to text 911, you should do so from your regular T-Mobile phone using your primary T-Mobile phone number.
3.2. In addition, in some circumstances, T-Mobile may not be able to provide 9-1-1 answering centers with your correct location. If possible, you should make a 911 call from your regular T-Mobile phone using your primary T-Mobile phone number or a landline phone, rather than through the Client. If you make a 911 call using the Client, you should always be sure to give to 911 operator your location and telephone number at which you can be called back. In some instances, if your 911 call is placed using the Client and your 911 call is disconnected such that the 911 operator must call you back, the return call may ring to other devices using the Service that are associated with the same T-Mobile ID, in addition to the device from which you placed the call, and the returned call may be answered by someone else. In that case you will need to dial 911 again.
3.3. You also understand and agree that use of Wi-Fi calling may impede your ability to receive 911 emergency services. At present, it is not always possible to provide your actual location to 911 when you are making a 911 call over Wi-Fi. If possible, use your regular T-Mobile phone and your primary T-Mobile phone number or a landline phone to place any 911 calls. Wi-Fi calling also may not work if power is unavailable or if the Wi-Fi router’s internet connection is not functioning or is congested.
3.4. See www.T-Mobile.com for more information about e911 services including important limitations on availability and reliability of 9-1-1 emergency service.
4. PRIVACY, ACCESS TO SHARED LINES, AND DATA SECURITY
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.
5.2. T-Mobile and/or its licensors retain exclusive ownership of the Service and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardize, limit, or interfere with T-Mobile’s intellectual property rights in the Service.
5.3. DIGITS from T-Mobile and associated trademarks and logos are trademarks of T-Mobile. T-Mobile’s trademarks and trade dress may not be used in connection with any product or service that is not T-Mobile’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits T-Mobile. All other trademarks not owned by T-Mobile, its parent, or any of its related companies are the property of their respective owners. You are not permitted to and shall not register any trade name, trademark, logo, domain name, or any other name or sign that incorporates any of T-Mobile’s intellectual property (in whole or part) or that is confusingly similar thereto.
6.1. These Terms, which expressly incorporate the T-Mobile Terms and Conditions, constitute the entire agreement between you and T-Mobile with respect to your use of the Service and replace any prior agreements between you and T-Mobile with respect to the Service.
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 T-Mobile to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of T-Mobile’s right or remedy. If T-Mobile waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
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 THE CLIENT OR USE THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT T-MOBILE THE RIGHTS SET FORTH HEREIN.