Gen Mobile Care App End User License Agreement
Version August 2018
Gen Mobile, Inc. (“Gen Mobile”), licenses the Gen Care application (the “App”) to you, conditioned upon your acceptance of this End User License Agreement (“EULA”).
If you have any questions or concerns about this EULA, you may contact Gen Mobile Customer Care by dialing 611 from your Gen Mobile device, calling (833) 528-1380, emailing email@example.com, or sending correspondence to P.O. Box 1243, Redondo Beach, CA 90278, Attn: Legal Department.
Changes to the Policy
Gen Mobile reserves the sole right to make updates to this EULA. Please visit our website for updates. If any changes are made, Gen Mobile will revise the effective date of the EULA.
(a) “Gen Mobile” means Gen Mobile, Inc. and its parents, subsidiaries, affiliates, agents, employees, successors and assigns.
(b) “Application” or “App” mean the Gen Care application, any content, software, website, or services provided in connection with the App, and any updates to these items.
(c) “You” and “your” mean an individual who downloads and/or uses the App and any person or entity represented by that individual.
(d) “Device” means the wireless mobile device used to review or access the App.
- THE APP.The App allows you to check your account activity such as data and voice minutes usage, make payments, view your plan, add features or services, or contact Customer Care from your Device. Voice, data and messaging rates may apply when using this App.
- LICENSE GRANT.Subject to the restrictions set forth in Section 4, Gen Mobile grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App on a single Device owned and controlled by you, and to access and use the App on such Device, strictly in accordance with this EULA, and all applicable local, national, and international laws and regulations.
- RESTRICTIONS ON USE.You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (d) alter, obscure, or remove any proprietary notice (including any notice of copyright or trademark) of Gen Mobile or its collaborators, licensors, or suppliers; (e) use the App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) install, permit, or use the App to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the App to multiple Devices; (h) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, software, or product offered by Gen Mobile; (j) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Gen Mobile or other intellectual property of Gen Mobile in the design, development, distribution, licensing, or manufacture of any applications, accessories or devices for use with the App; (l) circumvent, disable, or tamper with any security-related components or other protective measures applicable to the App or the Device; or (m) archive, broadcast, circulate, distribute, exchange, lease, make available to third parties, modify, publicly perform, publish, publicly display, rent, reproduce, retransmit, sell, synchronize, or transfer the App. You agree to abide by the rules and policies established from time to time by Gen Mobile. Such rules and policies may include, for example, automated or required updates, modifications, and/or reinstallations of the App and obtaining available patches to address security, interoperability, or performance issues. This Section 4 shall survive termination of this EULA.
- INTELLECTUAL PROPERTY RIGHTS. The App, including its source and object code, any copies thereof, whether or not present on your Device, and all copyrights, patents, service marks, trademarks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of Gen Mobile or its collaborators, licensors, or suppliers. The source and object code of the App are the confidential and proprietary information of Gen Mobile and its collaborators, licensors, and suppliers. The App is licensed and not sold to you. Title to the App shall remain with Gen Mobile. Gen Mobile and its collaborators, licensors, and suppliers reserve the right to change, remove, suspend, terminate, impose limits on the use of or access to, disable access to, or require the return of the App, or any copy thereof, at any time without notice and shall have no liability for doing so. Except as expressly stated in this EULA, you are not granted any intellectual property rights in or to the App by estoppel, implication, or other legal theory, and all rights in and to the App not expressly granted in this EULA are hereby reserved and retained by Gen Mobile. These obligations survive termination of this EULA.
You are not authorized to use the Gen Mobile name, related logos, and all related product and service names, design marks, slogans, trademarks, or service marks owned by and used under license from Gen Mobile or those belonging to third parties in any advertising, publicity, or in any other commercial manner without the prior written consent of Gen Mobile or appropriate third parties, which may be withheld for any or no reason. This Section 5 shall survive termination of this EULA.
- NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES.The App may permit access to advertisements, content, products, services, and websites from advertisers, publishers, vendors, and other third parties (“Third Party Content & Services”). Your use of Third Party Content and Services may be subject to additional terms and conditions of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT & SERVICES IS AT YOUR SOLE RISK AND DISCRETION. Gen Mobile does not endorse, investigate, monitor, publish, or represent the Third Party Content & Services. Gen Mobile reserves the right to deny or restrict access to any Third Party Content & Services otherwise accessible through the App. Gen Mobile shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third Party Content & Services.
- TERM AND TERMINATION.This EULA will commence upon your download and/or use of the App and be effective until terminated. To terminate this App, log out, and/or uninstall it from your device. This EULA will automatically terminate if you are not, or are no longer, a Gen Mobile subscriber subject to the terms of the T&C. Gen Mobile may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, suspend, or terminate this EULA and the rights afforded to you hereunder, with or without prior notice or other action by Gen Mobile. Upon the termination of this EULA, you shall cease all use of the App and uninstall the App. Gen Mobile will not be liable to you or any third party for compensation, damages, or indemnity of any sort as a result of terminating this EULA in accordance with its terms and conditions, and termination of this EULA will be without prejudice to any other right or remedy Gen Mobile may have, now or in the future. This Section 7 shall survive the termination of this EULA.
- DISCLAIMER OF WARRANTIES.YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND THAT YOUR USE OF OR RELIANCE UPON THE APP ON YOUR DEVICE OR ELSEWHERE IS AT YOUR SOLE RISK AND DISCRETION. EXCEPT TO THE EXTENT PROHIBITED BY LAW, GEN MOBILE AND ITS COLLABORATORS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS EULA, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE AND AGREE THAT GEN MOBILE AND ITS COLLABORATORS, LICENSORS, AND SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS EULA.
- LIMITATION OF LIABILITY.EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL GEN MOBILE, ITS COLLABORATORS, LICENSORS, OR SUPPLIERS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GEN MOBILE’S AGGREGATE LIABILITY TO YOU, WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP; (ii) THE AGGREGATE AMOUNT YOU PAID TO GEN MOBILE FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES; OR (iii) ONE DOLLAR ($1). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS EULA.
- INDEMNIFICATION.You agree and shall indemnify, defend, and hold harmless Gen Mobile and its collaborators, licensors, and suppliers, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any and all claims, proceedings, losses, damages, fines, penalties, interests, and expenses, including, without limitation, fees for reasonable attorneys and other professional advisors, arising out of, in connection with or related to the following: (a) your access to or use of the App or Third Party Content & Services; (b) your breach of this EULA; (c) your violation of any applicable law; (d) your negligence or willful misconduct; or (e) your violation of the rights of a third party. You will promptly notify Gen Mobile in writing of any third party claim arising out of or in connection with your access to or use of the App. This Section 10 shall survive termination of this EULA.
- MISCELLANEOUS.The following provisions survive termination of this EULA: (a) This EULA shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles; (b) This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded; (c) To the maximum extent permitted by applicable law, you and Gen Mobile agree that any cause of action arising out of or relating to this EULA, the App, or your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the T&C. Otherwise, such cause of action is permanently barred. This Section 11 is not intended to and does not alter any provisions of the T&C; (d) If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law; (e) Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not impact a party’s ability to exercise such right or requirement of such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach; (f) you may not use the App in any manner or for any purpose prohibited (i) by United States law, regardless of where you use the App, or (ii) by local law, in the jurisdiction(s) in which you use the App; (g) you may not disclose the results of any benchmark test using the App to any third party without Gen Mobile’s prior written approval; (h) To the extent not prohibited by law, Gen Mobile may amend or modify the terms of this EULA at any time, with or without direct notice to you, by posting a copy of the amended or modified EULA made available through the App or at www.genmobile.com. You agree to any such amendment or modification by continuing to use the App following the date in which the modified or amended EULA is made available; (i) The following provisions shall survive the termination of this EULA: 4, 5, 7, 8, 9, and 10; (j) Except as explicitly provided in this EULA or in the other incorporated agreements, nothing contained in this EULA is intended or shall be construed to confer upon any person, other than the parties hereto, any benefits, remedies, or rights of any kind or character, or to create any obligations or liabilities of a party to any such person; (k) Any attempted transfer by you in violation of this EULA shall be null and void; (l) Gen Mobile may assign this EULA without restriction whatsoever; and (m) This EULA, including the agreements and policies incorporated herein by reference, constitute the entire agreement with respect to the use of the App and supersedes any and all prior or contemporaneous understandings with regards to such subject matter.
- DIGITAL MILLENIUM COPYRIGHT NOTICE.If you believe that material available through the App infringes the copyright of you or any third party, notify Gen Mobile by sending a notice pursuant to the procedure under the Digital Millennium Copyright Act (“DMCA”). You must send (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a specific description of where the material that you claim is infringing is located on the sites; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Within a reasonably practicable time and after receiving the notice, Gen Mobile may disable or remove access to any infringing material as provided for in the DMCA. Please send the DMCA notice to: Gen Mobile Legal Department, P.O. Box 1243, Redondo Beach, CA 90278, or firstname.lastname@example.org.