Effective date: December 10, 2018
Thank you for downloading the Telephia™ App ("App") owned and offered by Harris Telecom, LLC and its affiliates ("HarrisX” or “We”). HarrisX provides you with access to and use of the App subject to your compliance with the Terms. You should not download or access this App or use our services ("Services") until you have carefully read and agreed to these terms and conditions of use (the "Terms"). Your use of this App or our Services constitutes your express agreement to be bound by these Terms.
Prerequisites of Use of this Application
When you download this App or you create an account on this App, by selecting "I agree" to the Terms and Conditions you are expressly agreeing to be bound by these Terms. We include the Terms' effective date at the top of the Terms. We may modify the Terms from time to time without notice to you; if we do we will post the revised Terms with a revised effective date. Check the “Account” section periodically to see our most current Terms. By using the App following any modifications to the Terms, you agree to be bound by such modifications.
This App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.
You must be 18 years of age or older to use this App. By downloading and using this App you represent that you are 18 years of age or older. This App is intended for use by residents of the United States only.
HarrisX makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. HarrisX does not warrant that the App will be compatible with your mobile device.
Member Registration Obligations
As part of the registration process, you must provide HarrisX with accurate, complete, and updated information, including your first name, last name, and a valid email address. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the App and forfeiture of reward payments. Please see our Privacy Policy for information regarding how this information will be used and maintained. As part of the registration process you must select a password. You are responsible for maintaining the confidentiality of the password used to log into the Telephia App and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact HarrisX (Telephia) if you believe there has been unauthorized use of your account. In order to prevent unauthorized activity or access to your Telephia App account, you must provide your e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem rewards.
You agree to abide by all applicable laws and regulations with respect to your Telephia App account.
Usage Qualification
Anyone may use the Telephia app, subject to appropriate terms and conditions described in this document.
- You are limited to one (1) Telephia account only. Any duplicate accounts are subject to closure, solely at the discretion of HarrisX, and any earned rewards on those accounts will be subject to forfeiture.
- All users are limited to a maximum of two (2) devices on their account.
- Users who wish to add/register additional devices will need to contact telephiafeedback@harrisx.com and it is at the sole discretion of HarrisX as to whether additional devices will be allowed.
- If a SIM card is removed from a device associated with a user’s account and placed in a different device, the original device will be ineligible for further use with Telephia
- Area codes outside the US will be rejected upon registration.
- Any existing accounts that have registered devices with a non-US area code are subject to closure at the sole discretion of HarrisX and any reward balances are subject to forfeiture.
- Usage (meter hours) outside of the US will not be counted towards Telephia rewards.
- Any meter hours accrued outside of the US will be considered invalid and subject to removal at the sole discretion of HarrisX.
Reward Qualification
To qualify for rewards, including but not limited to rewards granted for installation, registration, and data collection via the Telephia meter, all of the following requirements must be met at the time the reward is earned:
- Telephia must be installed on a mobile phone. Tablets and other mobile devices do not qualify.
- The phone must be covered by an active service plan by a US Mobile Service Provider/Carrier (ex: AT&T. Verizon, T-Mobile, etc.).
- The phone and user must be physically located in one of the 50 US States. US territories, protectorates, and overseas installations under US jurisdiction do not apply.
Redeeming Rewards
Cash Rewards. You are not entitled to receive payment of any such cash rewards until your account reaches a minimum balance of $3.00 US. Cash rewards are paid through methods made available in the App. Such methods may include PayPal or Gift Cards and cash reward payment methods may be changed by HarrisX at any time. App account balances and/or rewards are not transferable by gift, upon death, as part of a domestic matter, or otherwise. App rewards and accounts may not be auctioned, traded, bartered or sold. Your Telephia App account may not be merged with the account of any other Member under any circumstances. HarrisX reserves the right to change the reward program to include different types of awards other than cash, such as an award points system. In the event that the reward program is changed from cash to a points system, you will be given equal value in points for the existing balance in your account.
License
The App, including all of its contents, such as text, images, and the HTML or other code used ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, sublicense, or distribute any Materials from this App in whole or in part, for any public or commercial purpose without our specific written permission.
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to install and use the App and Services solely for purposes of Panel Participation. You have no rights in the App or Services other than those limited rights expressly provided in this Section, and HarrisX reserves all other rights. You shall not seek to, and shall not enable or assist another to decompile, reverse engineer, disassemble, or modify the App in any way.
Your Use of This App
Assignment of Rights to HarrisX. You hereby transfer and assign to HarrisX your rights (including intellectual property rights) in all data collected pursuant to the Privacy Policy, feedback, suggestions, survey responses, innovations, or other contributions you might make with respect to the Software in connection with your use of the Software. You understand and agree that you are not entitled to compensation from HarrisX for this assignment and transfer, though you may be compensated from a third party if such an agreement exists between you and us or you and a third party.
You acknowledge that, in connection with your use of the App, HarrisX will collect information and use, as specified in the Privacy Policy. In addition to what the App may passively collect, in the course of your use of the App, you may be asked to provide certain information to us. Our use of any information you provide via the App shall be governed by our Privacy Policy. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
You acknowledge that from time to time We may issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.
This App may use some of your Wi-fi and cellular data allowance. For the purposes of collecting mobile usage information throughout your mobile phone use the application will automatically restart if the device is restarted or the application is closed or killed. The measurement can be stopped by turning the meter off from the application’s settings or uninstalling the app.
Termination of User Access to App and Modifications
HarrisX may at any time, in its sole discretion and without cause, terminate any user's license or access to the App without advance notice or compensation.
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
Rules of Use
The App may be used only for lawful purposes by individuals using authorized services of HarrisX. You are responsible for your own communications, including the upload, transmission and posting of information sent through the app, and are responsible for the consequences of their posting or being uploaded on or through the App. Specifically, but not limited to
- As a condition of use, you promise not to use the App and Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with use of the App and Services. Violation of our rules may result in the termination and cancellation of your Account and forfeiture of any monetary agreements. You acknowledge and agree that we may terminate your account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
- By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- uses the App or Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;
- illicitly manufactures activity or other benefits;
- results in the sale or transfer of your Account;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
- contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- is designed or intended to obtain password, Account, or private information from any Telephia user;
- impersonates any person or entity, including any of our employees, representatives, or users;
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the App or Services (or other accounts, computer systems or networks connected to the Services); (iv) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the App or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
f. If for any reason the App or Service is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted in the App or to your contact email address.
Security Rules
Violations of system or network security may result in civil or criminal liability. HarrisX will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
d. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or
e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Compliance With Laws
In connection with the performance, access and use of the App and Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Each party represents that it is not named on any U.S. government denied-party list. Further, Customer shall not permit its users to access or use any Service or Content in a U.S. embargoed country or in violation of any U.S. export law or regulation. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the Services. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
Indemnity
You agree to defend, indemnify and hold HarrisX, its directors, officers, employees, agents and affiliates and their directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT:
THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HARRISX DOES NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HARRISX MAKES NO WARRANTY THAT THE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
HARRISX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. HARRISX IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF HARRISX.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HARRISX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF HARRISX OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF HARRISX TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.
Applicable Law/Jurisdiction
You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with HarrisX or relating in any way to your use of the App resides in the state and federal courts of New York, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County.
Notices
Notices to you may be made via either email or regular mail. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the App.
Contacting Us
To contact us with any questions or concerns in connection with this Agreement or the App, or to provide any notice under this Agreement to us please email us at legal@harrisx.com.
Apple Device and Application Terms
In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:
a. Both you and the HarrisX acknowledge that these Terms are concluded between you and HarrisX only, and not with Apple, and that Apple is not responsible for the Application or the Content;
b. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;
c. You will only use the Application in connection with an Apple device that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
f. You acknowledge and agree that HarrisX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, HarrisX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
i. Both you and HarrisX acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and
j. Both you and HarrisX acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.
Miscellaneous
The Terms constitute the entire agreement between you and HarrisX and govern your use of the App, superseding any prior agreements between you and HarrisX. You also may be subject to additional terms and conditions that are applicable to certain parts of the App.
If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. You agree that no joint venture, partnership, employment, or agency relationship exists between HarrisX and you as a result of this Agreement or your use of the App. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the Agreement or to make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.
Any claim or cause of action you may have with respect to HarrisX or the App must be commenced within one (1) year after the claim or cause of action arose.
You may not assign the Terms or any of your rights or obligations under the Terms without HarrisX's express written consent.
The Terms inure to the benefit of HarrisX's successors, assigns and licensees
© Copyright 2018 by HarrisX, LLC. All rights reserved.
