THIS TOS LIMITS VERIZON WIRELESS' LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE DISPUTES WITH VERIZON WIRELESS THROUGH BINDING AND INDIVIDUAL ARBITRATION RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. PLEASE READ THIS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCEPT THEM OR USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
Service Description and Limitations. Business Mobile Secure is a mobile security and device management service available to certain qualified business customers that includes (a) Lookout® Mobile Endpoint Security for Small Business to help prevent compromised mobile devices from infecting corporate networks, (b) Verizon Mobile Device Management - Unified Endpoint Management (MDM) to manage mobile devices and assist with the enforcement of device corporate use policies, and (c) dedicated installation and technical support for the foregoing components of Business Mobile Secure.
Service Features & Third-Party or Service-Specific Terms of Service.
- Lookout® Mobile Endpoint Security for Small Business: Lookout provides Lookout Mobile Endpoint Security for Small Business, the mobile device security application included in Business Mobile Secure, and designed to prevent the users of mobile devices from visiting malicious websites and to safeguard mobile transactions when a mobile device is connected to an unknown Wi-Fi network. By accepting, accessing or using Business Mobile Secure, in addition to the terms set forth in this TOS, You agree to be bound by the following Lookout end-user license agreement terms, and to ensure that all of your applicable employees and/or other authorized users are aware of and have consented to be bound by all of such terms, which are incorporated by reference as if set forth in their entirety herein: Mobile Endpoint Security License Agreement. Please review these terms carefully, and ensure that all of your applicable employees and/or other authorized users read the terms carefully, as they contain important information with respect to the Lookout feature of Business Mobile Secure.
- Verizon MDM: MDM can help You manage, configure and protect corporate-owned devices and monitor compliance with Your business' mobile device policies. Features and/or capabilities to manage mobile devices include, but are not limited to, preventing users from changing settings, providing the ability to configure security settings remotely, restricting device capabilities, enforcing corporate policies such as passwords and encryption, installing and blocking applications on devices, locking and wiping devices remotely and configuring WiFi policies. You agree to implement and maintain security measures with respect to MDM that effectively restrict access to MDM to authorized personnel with a need to know, and that protect the MDM platform from unauthorized use or access. You shall ensure that MDM is not accessed, used, or made available to third parties or to Your employees who are not authorized to access the Service.
- Technical Support: Installation, set-up and ongoing technical support for the components of Business Mobile Secure is provided to subscribers via chat feature or, if applicable, over the phone, by Verizon Wireless or Verizon Wireless' third-party providers as directed by Verizon Wireless (such support, the "Tech Support" and, for purposes of references to the provision of the Tech Support, references to "Verizon Wireless" shall include its third party service providers).
Scope of Service and Tech Support. The Service is available for qualified mobile devices associated with and authorized by the individual, business or entity enrolled in the Service program ("Device(s)"). When seeking the Tech Support or to purchase the Service, You represent that You are the owner or an authorized user of the Device included in the Service, as well as any software thereon, and Verizon Wireless reserves the right to refuse to provide the Service or the Tech Support, to You, if Verizon Wireless determines that You are not the owner or authorized user of such Device or are not enrolled in the Service.
Qualified Devices include, but, in Verizon Wireless' sole discretion, may not be limited to, tablets and smartphones with Android® and Apple® iOS operating systems. The scope of the Tech Support is limited to the support of the Verizon MDM and Lookout Mobile Endpoint Security for Small Business components of Business Mobile Secure on qualified Devices.
For the avoidance of doubt, the Tech Support does not include or will not require assistance with any (a) devices or software not specified in the preceding paragraph, (b) enterprise grade equipment or enterprise grade servers, (c) any specialized technologies, specialized equipment, or software specific to Your industry; (d) assistance with network coverage issues; (e) over-the-air updates to operating systems, firmware, or other software; (f) diagnostic support related to any of Your Devices, hard drives, routers, modems, or such other customer premises equipment; (g) help desk and troubleshooting services for Verizon Wireless' network services and billing inquiries; (h) modification of Original Equipment Manufacturer ("OEM") software; (i) installation of or assistance with third-party software or OEM drivers not supported by or related to Business Mobile Secure; (j) device repair; (k) data migration from devices to third parties; (l) behind firewall virus support or removal and any customized security; or (m) any onsite support services.
To purchase or use the Service, You must have an active Verizon Wireless account, and when seeking to purchase the Service or use the Service or the Tech Support, You must provide Verizon Wireless, or its applicable third party provider, with the necessary information, which may include your name or Your mobile Device number. Data usage charges may apply to the Service or during use of the Tech Support, and You are solely responsible for their payment. In some circumstances, You may need to supply or purchase additional equipment or software to receive the full benefit of the Service or the Tech Support, and You are responsible for the cost of that equipment or software.
Availability of Tech Support. The Tech Support is provided by Verizon Wireless or its authorized third party providers and is available 8 a.m. to 7 p.m. local time / 7 days per week, 365 days per year (subject to commercially reasonable lapses in service for periodic maintenance). Verizon makes no guarantees regarding the availability of the Tech Support. If the availability of the Tech Support hereunder is interfered with by reason of any circumstance beyond our reasonable control, including but not limited to acts of God, labor strikes and other labor disturbances, power surges or failures, or the act or omission of any third party, we shall be excused from such performance to the extent necessary. To use the Tech Support, the individual seeking service on Your behalf must provide information identifying himself or herself as Your owner, member, partner, director, manager, employee, or agent.
Back-up of Software and Data. You are responsible for backing-up the software and data that is stored on Your Device or other devices manufactured to be compatible with Your Device or intended to be connected thereto. Verizon Wireless shall not be responsible at any time for any loss, alteration, or corruption of any software, data, or files. Verizon Wireless may decline to provide the Service if it determines that you have not taken appropriate back-up measures.
Commercially Reasonable Efforts. Verizon Wireless will use commercially reasonable efforts to provide the Tech Support. This means that if Verizon Wireless is unable to resolve Your issue after making commercially reasonable efforts, Verizon Wireless has the right and discretion to refuse to take further efforts to do so. Additionally, in some instances, Verizon Wireless may have limited information from vendors, manufacturers and developers, and Verizon Wireless may not have the ability to obtain the proprietary or other information required to resolve Your issue. Some technical problems that You encounter may be the result of software or hardware errors not yet resolved by the vendors, manufacturers or developers of that software or hardware, in which case Verizon Wireless may not be able to resolve Your issue. In those circumstances, You still are liable for any fees or charges associated with the Service.
Warranties. ADVICE OR INFORMATION GIVEN BY VERIZON WIRELESS, ITS REPRESENTATIVES OR ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS SHALL NOT CREATE A WARRANTY. USE OF VERIZON WIRELESS TECHNICAL SUPPORT (INCLUDING SUPPORT PROVIDED BY ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS) IS AT YOUR OWN RISK AND IS NOT WARRANTED. THIS SERVICE, ANY COMPONENT PRODUCTS OR SERVICES AND ANY INCLUDED SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. VERIZON WIRELESS AND ITS VENDORS MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE (OR ANY COMPONENT SERVICE) PROVIDED TO YOU. VERIZON WIRELESS AND ITS VENDORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. VERIZON WIRELESS DOES NOT WARRANT THAT THE SERVICE (OR ANY COMPONENT SERVICE) WILL BE ERROR-FREE. VERIZON WIRELESS AND ITS VENDORS HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE (OR ANY COMPONENT SERVICE), AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SERVICE TO PERFORM WILL BE YOUR SOLE RESPONSIBILITY.
Access to Information; Remote Applications. In certain instances, the Service or the provision of the Service or the Tech Support may allow or require technicians to remotely access your Device and any content stored thereon for the purpose of troubleshooting or otherwise providing the Service or the Tech Support ("Remote Session"). To enable the Remote Session, you may be required to run certain software applications on the Device being accessed ("Software"). You consent to such access by Service technicians and the downloading of the Software. You authorize Service technicians to effect changes to Your Devices, to the extent necessary to provide the Service or the Tech Support, and You acknowledge and agree that such changes may be permanent and irreversible. You agree to comply with the terms applicable to the Software, and in the event of a conflict between those terms and this TOS, the Software-specific terms control with regard to the Software only. You acknowledge and agree that You will not copy or modify the Software or any other materials provided to You in connection with the Service. During any Remote Session, You are responsible for ensuring that any records containing confidential information, personally identifiable, sensitive information, financial or health related data are not visible to the Service technician.
Representations and Authorizations. When seeking the Tech Support, You represent that You are the owner or an authorized user of the Device included in the Service, as well as any software thereon, and You acknowledge that Verizon Wireless reserves the right to refuse to provide the Service or the Tech Support to You, if Verizon Wireless determines that You are not the owner or authorized user. When seeking the Tech Support, You: (a) expressly consent to Service technicians remotely accessing Your Device, other devices included in the Service and any data, videos, pictures, text messages, or other content thereon; and (b) expressly authorize Service technicians to effect changes to Your Devices, to the extent necessary to provide the Service or the Tech Support, and You acknowledge and agree that such changes may be permanent and irreversible. You also agree to provide us or our third party licensors, providers and suppliers with the access and support required to allow us (or them, on our behalf) to implement, maintain and provide the Service.
Passwords. If You know or suspect that the passwords associated with or stored on Your Device have been available to or accessed by anyone as a result of Your use of the Service, You should immediately change or reset those passwords.
Charges. You agree to pay all charges for the Service, including but not limited to monthly recurring charges, applicable taxes and fees, and one time charges to enroll or process Your order. Your use of the Service will be billed according to the terms of Your VZW Agreement. Unless expressly indicated otherwise, all nonrecurring charges will be invoiced on the date on which the Customer orders the Service and the monthly recurring charges will begin upon the earliest of (i) the submission of Customer's order for the Service, (ii) the date that Customer is informed that the Service is ready for use, activation or installation or (iii) the date Customer first uses the Service.
Claim and Liability Limitation. Unless otherwise allowed by applicable law, any claim related to the Service shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim during that time results in the claim being forever barred. NEITHER VERIZON WIRELESS, NOR ANY OF ITS AFFILIATED COMPANIES OR VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THIS TOS OR OUT OF YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, OR LOSS OF DATA ARISING IN CONNECTION WITH THE SERVICE, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF YOU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Licenses. Subject to the terms and conditions of Your VZW Agreement and this TOS, Verizon Wireless grants You a non-exclusive, non-transferable, non-assignable, royalty free license for use of the Service, where applicable, solely for internal business operations. The license granted herein is effective until You or we suspend or terminate Your use of the Service.
Title. All rights, title, and interest in equipment, software, facilities and documentation used by Verizon Wireless, or the Service Provider(s), to provide the Service will remain vested in Verizon Wireless or the Service Providers, as applicable. Verizon Wireless or the Service Provider shall own and shall be free to use, without acknowledgment or compensation to You, any ideas, concepts, know-how or techniques contained in any suggestion or feedback You provide for any purpose whatsoever, including, but not limited to, incorporating Your feedback in developing, improving, and marketing the Service or other products. You receive no ownership, license, or other interest in any intellectual property created or delivered by Verizon Wireless or the Service Provider, whether in connection with its provision of the Service or otherwise. Verizon Wireless or its applicable Service Providers own all intellectual property rights in the Service and its devices, components, platform, software, tools, portal, documentation, and other materials relating thereto, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon Wireless.
Restrictions on Use. You shall use the Service solely for Your internal use subject to any restrictions or exceptions as set forth in this TOS. You shall not: (i) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any information contained in the Service; (ii) use the Service in order to build or support, or assist a third party in building or supporting, products or services competitive to Verizon Wireless; or (iii) license, sell, rent, transfer, assign, or otherwise commercially exploit the Service or any content included in the Service other than as expressly permitted in this agreement.
Compliance with Law. You agree to use the Service for business purposes only. You also agree to use the Service only for lawful purposes and in compliance with all applicable laws, rules and regulations and not to use the Service in any manner that may impose legal, regulatory or contractual obligations on Verizon Wireless other than those with which Verizon Wireless has expressly agreed to comply with in this TOS. You agree not to cause, or otherwise request that Verizon Wireless create, receive, maintain or transmit protected health information (as defined at 45 C.F.R. § 160.103) for You or on Your behalf in connection with the Service or in any manner that would make Verizon Wireless a business associate (as defined at 45 C.F.R. § 160.103) to You. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via or in connection with the Service. Any software provided in connection with the Service may be used in the United States only, and any export of the software is strictly prohibited. You shall assume and be solely responsible for any reporting requirements under law or contract arising from Your breach of this TOS.
Right to Terminate. Verizon Wireless reserves the right to suspend or terminate Your use of the Service (or any part thereof) at any time and for any reason, including for abuse, excessive usage or failure to pay any fees or charges associated with the Service or in the event we cease to offer the Service (or any part thereof). Verizon Wireless also reserves the right to change the scope or extent of the Service at any time and for any reason. Any refund of fees or charges associated with the Service that Verizon Wireless may agree to pay in such circumstances will be limited to the fees You paid in the prior month for the Service. If You wish to terminate Your access to the Service, please contact us by calling (800) 526-3178.
Revisions to Terms of Service. You understand and agree that we may, from time to time, revise this TOS (including any of the policies which may apply to use of the Service and the provisions that govern the way that you and we resolve disputes). The current version of this TOS shall be available to you on the Terms Website. You agree to visit the specified web pages periodically to be aware of and review any such revisions. Revisions to the TOS are effective upon posting to the Terms Website. By continuing to use any of the Service after the date the revision(s) are posted to the Terms Website, You accept and agree to the revisions and to abide by them. If You do not agree to the revision(s), You must terminate your Service immediately.
Other Terms. Nothing in this TOS creates an agency, partnership, joint venture or employee relationship between you and Verizon Wireless. Verizon Wireless may assign this TOS or any of its rights hereunder to an affiliate. You may not assign this TOS without the prior written consent of Verizon Wireless. This TOS shall be governed by the laws of the State of New York without regard to its choice of law principles. This TOS supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written. If any term of this TOS is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this TOS. Any failure to enforce a right or term of this TOS shall not be deemed a waiver of that right or term. Some or all portions of the Service may require activation and/or a software download. Should any activation or software download be required, it shall be the sole responsibility of the Customer to complete the necessary steps to activate the Service or successfully download the required software. Certain portions of the Service may not be fully functional without activation and/or a successful download of the required software by the Customer. If you cancel or disconnect the applicable Verizon Wireless account, the Service will be disconnected from the canceled lines, as well.
Devices compatible for use with the Service are, but, in Verizon Wireless' sole discretion, may not be limited to, smartphones and tablets running Android "M" (6.0.1) or above and Apple® iOS 8.0 or above.