The GizmoHub app ("Service") is a communications and location service that works with Gizmo devices used by children to help parents and guardians connect with, monitor and locate their children from their smartphone. Before you start, we want you to know some important things about the Service.
This agreement is between you as our Registered User (whether as a primary user or designated secondary user, as set forth below) and Verizon Wireless ("VZW") and it sets forth the terms and conditions under which you agree to use and we agree to provide the Service. By using the Service, you accept these Terms and Conditions.
- Customer Agreement. If you also subscribe to VZW service, whether you are a primary user or a designated secondary user, your use of this Service also is subject to all of the terms in your Customer Agreement with us. The current version of the Customer Agreement can be found at: www.verizonwireless.com/legal/notices/customer-agreement/.
- Charges. Your download of the Service will be billed according to your applicable carrier's data plan. Your use of the Service will be billed according to your applicable monthly plan, and data charges may apply. During the registration and activation process, we also will send you a text (SMS) message with a security code to verify your mobile phone number; messaging charges and data rates may apply. Carriers are not liable for delayed or undelivered messages. When using the Service outside of the U.S., global data charges will apply. Visit www.vzw.com/global for more information if you are a VZW subscriber.
- Intended Use; Registered Users. The Service is intended to be used by those ages 18 years old and older ("Registered Users") who either: (a) are the parent or guardian of the child wearing or using the Gizmo device, or (b) have the consent of the child's parent or guardian. Gizmo devices are intended to be worn or used by children ages 3 years old and older. Each Gizmo device has 1 primary user (the parent or guardian) that can call, receive calls from and locate the Gizmo device via the Service. Each primary user may designate additional secondary users (the number of which varies by Gizmo device) and grant permission as to whether the secondary user(s) may call, receive calls from or locate the Gizmo device via the Service.
- Registration and Activation. To register, the primary user must activate the Gizmo device when prompted during the registration process. The primary user must designate the secondary user(s) before the secondary user(s) can register and connect to the designated Gizmo device. By registering the Gizmo device with the Service, you (whether as a primary or a designated secondary user) agree to be responsible for all activities occurring with that registered device. You should not use the Service other than as intended and VZW accepts no liability for any such unauthorized use.
- Location. As a primary user, by using the Service and designating secondary users, you consent and permit VZW to disclose location and related information (including geo-fencing and times in and of locations) about your child to the designated secondary users (who also need to be registered users of the Service), and as necessary to enable delivery of the Service. Location information is stored in the Service in encrypted form for up to 60 days on secure servers. The location information provided is an approximate location of the Gizmo device. VZW does not represent, warrant or guarantee the reliability or accuracy, completeness or timeliness of any location information provided through the Service.
- Safe and Lawful Use. As a primary user or designated secondary user, you will use the Service, the location information provided thereby, and the Gizmo only for lawful purposes and in accordance with these Terms and Conditions. You are responsible for any costs incurred by VZW or any other party (including reasonable legal fees) as a result of your misuse or fraudulent use of the Service and the Gizmo. Misuse or fraudulent use includes, but is not limited to, the following:
- Registration fraud or unauthorized access;
- Using the Service to harass, stalk, defame, threaten, or otherwise violate the legal rights of others;
- Monitoring conversations of third-parties without proper consent;
- Using the Service to collect, disseminate, or convey inappropriate, defamatory, obscene, salacious, or unlawful information or materials;
- Using the Service without permission on a stolen or lost smartphone;
- Attempting or assisting another to access, alter, or interfere with the communications and/or information of a Gizmo user or user of the Service;
- Tampering with or making an unauthorized connection to the Service or a Gizmo.
- Licenses. You have a limited, non-exclusive, non-transferable license to use the Service and the object code version of the Service's software solely for the purposes for which it is provided and only in accordance with all documentation provided by VZW or its licensors. You may not adapt, alter, modify, reverse engineer, de-compile, disassemble, translate, attempt to derive source code from or create derivative works of the Service or Software, or otherwise tamper with or modify any security features or other Service components for any reason (or allow or help anyone else to do so). You also agree to follow all rules and policies applicable to the Service, including the installation of required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues.
The software contains some programming, scripts, tools, modules, libraries, components, or other items that were developed using "Open Source" code, which are available for download at www.verizon.com/opensource. Certain software or technical information is licensed from third parties, and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents.
- Not 911 Compatible. Gizmo devices are not compatible with 911 or similar emergency telephone number systems. Therefore, calls from Gizmo devices will be placed to the designated recipient (such as a parent or guardian), but will not be placed or forwarded to emergency services personnel. You cannot program 911 as one of the telephone numbers to call.
- Accessibility Features. Most Gizmo devices are not compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities. Please check the product manual for your Gizmo device to see if your device does support any accessibility features or services.
- Restrictions on Use. You may not, or allow others to, adapt, alter, modify, de-compile, reverse engineer, translate, or create derivative works of the Service or any included software.
- Termination. VZW may terminate or discontinue the Service at any time without notice, including if you breach this Agreement.
- Disclaimer of Warranty. THIS SERVICE AND ANY INCLUDED SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER VZW OR ITS LICENSORS.
- Driving Safety. VZW is not responsible for use of the mobile phone while driving. Safe driving is your responsibility and should always be your first priority. Use of your mobile phone or other electronic devices while driving can cause distractions, even if you are using hands free devices. Consider turning off your mobile phone and allowing calls to go to voicemail, and never text or email while driving.