TERMS OF SERVICE

BY USING THE WI-FI CALLING APPLICATION AND SERVICE (COLLECTIVELY, THE “SERVICE”), YOU ACCEPT THESE TERMS OF SERVICE (“TERMS”).  THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE SERVICE, BETWEEN YOU AND TUSCARORA COMMUNICATIONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY DOING BUSINESS AS CARNEGIE TECHNOLOGIES, INCLUDING ITS RELATED AND AFFILIATED COMPANIES (COLLECTIVELY, “CARNEGIE”).  BY DOWNLOADING THE APPLICATION, OR ACTIVATING AND USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS.  IF YOU DO NOT AGREE WITH OR ARE NOT WILLING TO COMPLY WITH ANY PORTION OF THE PROVISIONS OF THESE TERMS, OR IF YOU DO NOT WISH TO HAVE YOUR INFORMATION COLLECTED IN ACCORDANCE WITH OUR PRIVACY POLICY, WHICH IS AVAILABLE at http://carnegietechnologies.com/demoprivacy, PLEASE DO NOT DOWNLOAD THE APPLICATION OR USE THE SERVICE.  CONTINUED USE OF THE SERVICE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

 

Age Restriction

You must be at least thirteen (13) years old to use the Service. If you are between the ages of thirteen (13) and eighteen (18), you may only use the Service if your parent or guardian consents to these Terms on your behalf.  If your parent or legal guardian does not acknowledge and agree to these Terms, you must immediately uninstall the Service and discontinue its use. 

 

Incorporation of Related Terms

These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service) and the Apple’s Licensed Application End User License Agreement (available at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/).  You agree to comply with all applicable agreements, terms and conditions of use or service described above and other policies applicable to the App Store (as defined below).  To the extent these Terms provide for usage rules of the third party company from which you receive the Wi-Fi Calling application, e.g. the Apple APP Store (an “App Store”), the more restrictive term applies.

These Terms, as updated or revised from time to time, are the exclusive agreement between you and Carnegie with respect to the subject matters hereof (including the Service) and supersedes and merges all prior discussions and agreements, including prior versions of the Terms, between the parties with respect to such subject matters.

 

Use of the Wi-Fi Calling Application and Service

The Service offers calling and messaging services to users with mobile devices.  You understand that, just like when using regular mobile phone service, anyone with knowledge of your phone number may call you or send messages to you through the Service, the Wi-Fi calling application is “always on” and continuously collects certain information regarding the use of your mobile device.  Carnegie collects information from you in accordance with our Privacy Policy.  Given the “always on” functionality, the Wi-Fi Calling application my affect the battery life, storage capacity and/or performance of your mobile device.  IF YOU DO NOT AGREE WITH THE TERMS OF OUR PRIVACY POLICY, OR TO THE WI-FI CALLING APPLICATION’S “ALWAYS ON” FUNCTIONALITY, DO NOT DOWNLOAD THE WI-FI CALLING APPLICATION.

You understand and agree that you are solely responsible for the content of all conversation, messages, or other communications made by or to you through your use of the Service.  You acknowledge that Carnegie does not control or censor content sent by individuals by virtue of the Service and you may be exposed to Third-Party Content (as defined below) that is offensive, indecent or objectionable, or which violates the proprietary, intellectual property, or privacy rights of a third party.  You agree that your use of the Service to communicate with any third parties is at your own risk. 

Carnegie reserves all rights not expressly granted above.

 

User Information

You understand and agree you are solely responsible for the confidentiality and security of any information sent from or stored on your iOS Device (defined below) by the Service. You agree to immediately notify Carnegie at the electronic mail address at the end of these Terms of any suspected unauthorized transactions or data breaches associated with the Service.  Carnegie shall not be responsible for any losses arising from the financial loss or theft of your information due to unauthorized or fraudulent transactions related to the Application.  You shall be solely responsible for taking precautionary steps to protect your personal information stored on the iOS Device, including without limitation password-protecting the iOS Device and employing Apple’s remote-wipe feature.

 

Prohibited Uses of the Service

Use of the Service is limited to the contemplated functionality.  The Service shall not be used in any way that,

-       Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publication, privacy, or other proprietary rights);

-       Is unlawful, fraudulent, or deceptive;

-       Uses technology or other means to access unauthorized content or non-public spaces;

-       Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers” to access unauthorized content;

-       Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;

-       Attempts to damage, disable, overburden, or impair Carnegie’s, or its vendors’, servers or networks;

-        Attempts to gain unauthorized access to Carnegie’s, or its vendors, servers or networks;

-       Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

-       Violates these Terms in any manner; or

-       Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

 

Additionally, you agree that you will not (i) use the Service for enterprise or commercial use; (ii) resell or charge others for use of or access to the Service; (iii) duplicate, transfer, give access to, copy or distribute any part of the Service; (iv) use the Service to spam other users; (v) attempt to reverse engineer, alter or modify and part of the Service; or (vi) remove or destroy any copyright notices or other proprietary marking.

Carnegie reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice.  You agree that Carnegie will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

Carnegie reserves the right, in its sole discretion, to terminate any License granted to you under these Terms, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to your improper use of the Service or violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of Carnegie’s right to enforce these Terms.

 

End-User License and Ownership

Subject to these Terms, Carnegie grants you a personal, non-exclusive, non-transferrable, limited and revocable license to use the Service for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms.  Any use of the Service in any other manner, including, without limitation, resale, transfer, modification, or distribution of the Service or content provided in connection with the Service is prohibited.

 

Accordingly, you understand and agree that as between you and Carnegie, the Service and all content (except for Third-Party Content) contained within the Wi-Fi Calling application, such as graphics and text, is and shall remain the sole property of Carnegie and is subject to protection under U.S. and foreign copyright laws.  Additionally, all information and content (such as user generated content, audio files, music files or other sounds) provided by third-parties that you may have access to by using the Service (“Third-Party Content”) may be protected by intellectual property rights and are owned by the individual or entity from which such Third-Party Content originated.

 

Application Support

You acknowledge that Carnegie is solely responsible for providing any maintenance and support services with respect to the Wi-Fi Calling application, as specified in these Terms (if any), or as required under applicable law.  You and Carnegie acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Wi-Fi Calling application or licensed software. Carnegie is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Wi-Fi Calling application to conform to any applicable warranty, you may notify the applicable App Store, and such App Store may refund the purchase price for the Wi-Fi Calling application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Wi-Fi Calling application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Carnegie’s sole responsibility. Carnegie and you acknowledge that Carnegie, not the App Store, is responsible for addressing any claims of you or any third party relating to the Wi-Fi Calling application or your possession and/or use of the Wi-Fi Calling application, including, but not limited to: (i) product liability claims; (ii) any claim that the Wi-Fi Calling application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

No Warranties

THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND CARNEGIE (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. CARNEGIE (AND ITS AFFILIATED PARTIES AND SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.  Carnegie makes no representation that the Service is appropriate for use in locations in all other countries.  You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.  Any diversion of the Service contrary to United States law is prohibited.

 

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CARNEGIE, ITS AFFILIATED PARTIES, SUPPLIERS, OR VENDORS, AGENTS, OR ANYONE INVOLVED IN CREATING OR PROVIDING THE SERVICE (A) BE LIABLE TO YOU OR ANY OTHER USER WITH RESPECT TO USE OF THE SERVICE, OR (B) BE LIABLE TO YOU OR ANY OTHER USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SERVICE, OR DEVICE FAILURE OR MALFUNCTION. YOU UNDERSTAND AND AGREE YOUR SOLE REMEDY IS TO CEASE USE OF THE APPLICATION.  CARNEGIE, ITS VENDORS OR SUPPLIERS, AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THE SERVICE OR ANY RELATED CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Carnegie, its suppliers or vendors, agents or anyone involved in creating or providing the Service or any related content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the Service, or $50, whichever is less.

 

Indemnity

You agree to indemnify, defend, release, and hold harmless Carnegie, its suppliers, vendors, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Carnegie without restriction.

 

General

These Terms and any claim, cause of action, or dispute (“claim”) you have with Carnegie, including but not limited to any claim arising out of or relating to these Terms or your use or accessing of the Service, shall be governed by the laws of Texas regardless of your country or state or origin where you use or access the Service, and without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to resolve all such claims exclusively in a state or federal court located in Bexar County, Texas, and you agree to submit to the personal jurisdiction of the state and federal courts located in Bexar County, Texas for litigating all such claims. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

You agree you will resolve all disputes with Carnegie on an individual basis, and will not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.  You understand and agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

The section titles in these Terms are for convenience only and have no legal or contractual effect. You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms against you as a third party beneficiary thereof.

 

Severability

If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, as may be amended from time to time, are the exclusive agreement between you and Carnegie with respect to the subject matters hereof, and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters.

 

Electronic Communications

For contractual purposes, you (1) consent to receive communications from Carnegie in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Carnegie provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

 

Modification of these Terms 

Carnegie reserves the right to change or modify these Terms or any other Carnegie terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Carnegie Technologies website (http://www.carnegietechnologies.com) or within the Service application.  Continued use of the Service following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications.  Only a specific, written waiver signed by an authorized representative of Carnegie shall have any legal effect as a waiver by Carnegie of any provision of these Terms.

 

Contact Us

Any end-user questions, complaints, or claims with respect to the Service or other notices provided to Carnegie pursuant to these Terms should be sent to:

 

Tuscarora Communications, LLC

8522 Broadway St, Suite 209

San Antonio, Texas 78217

support@carnegietechnologies.com