SmartHub is a solution that provides Home Phone, Broadband and Smart Home capabilities through a single device, in conjunction with the Verizon Home™ Smartphone App (App), which is available for download from the Apple® App Store® or Google Play™ Store. The App and the SmartHub admin website allow you to control the SmartHub device settings and functions, connected Wi-Fi and Ethernet devices, and various compatible Smart Home accessories, which are available from Verizon or many other sources. See https://www.verizonwireless.com/support/smarthub-compatible-devices/ for a list of compatible accessories.
This agreement is between you as our Customer ("You") and Verizon Wireless ("VZW", "We" or "Us"). 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, which may be modified by us from time to time. By continuing to use the Service after we have notified you of changes, you agree to accept those changes. The App is also subject to additional terms and conditions, which you must agree to before using the App.
Customer Agreement. When you signed up to be our customer, you entered into a Customer Agreement with Us, and the Device and Service are also subject to that agreement. The current version of the Customer Agreement can be found at: https://www.verizonwireless.com/legal/notices/customer-agreement/.
Account Security. You are solely responsible for any use of the Service (including any use by anyone to whom you have provided access as a Guest User or Administrator for the Device or Service) on devices associated with your Verizon account, including any compatible smart accessories, or through use of your My Verizon username and password. We expressly disclaim any liability for damages you may incur in connection with any unauthorized use. To help reduce the possibility of unauthorized use, we strongly recommend implementing security measures, such as utilizing encryption on the SmartHub device and any connected devices, and using a screen lock or a unique password that others won't easily guess, on any device from which you plan to use the App.
IMPORTANT 911 EMERGENCY RESPONSE INFORMATION:
You must enter the U.S. address where you want emergency services to be sent if you call 911, before voice service can be activated on the Device. It is very important that you update your 911 address whenever you change your location for the Device, since this is the location that will be given to the 911 operator.
While the Device does have a backup battery, if the landline phone to which the Device is connected requires external electric power to operate, Service (including the ability to make and receive 911 calls) will not be available during a power outage. Please note that the backup battery only supports the voice functionality for the Service. Data functionality will not be supported in the event of a power outage.
Neither Verizon Wireless nor any of its affiliates shall be liable for any service outage and/or inability to access emergency service personnel, nor shall Verizon Wireless or any of its affiliates be responsible for the acts or omissions of emergency response center personnel.
SERVICE USE AND LIMITATIONS.
While the Verizon Wireless coverage map at https://www.verizonwireless.com/featured/better-matters/ may provide some indication of the expected coverage at your location, you will need to assess whether the actual coverage at your location is acceptable to you for purposes of using the Service. You will need at least moderate Verizon Wireless coverage throughout your home to properly use the Service. The Device is designed to provide voice coverage at your location that is consistent with other Verizon Wireless devices, but Verizon Wireless does not represent that the voice performance of the Service will be equivalent to landline phone service.
Never place a telephone cord into the home security port under any circumstances. Doing so may damage the device and negate its warranty. The home security port is designed for use with a RJ31 cord only, but the SmartHub is not yet compatible with home security systems. Please check with your system provider to confirm the compatibility requirements of your home security system.
If you subscribe to voice only service or voice and data service and the Device is connected to a cordless phone base station, any extension phones compatible with that base station can also use the Service, but the only corded telephones that can use the Service are those that are connected directly to the SmartHub device.
SmartHub service is not compatible with DVR services, credit card machines, medical alert services or some High Speed or DSL Internet services. Please contact your service provider to determine if Internet service is available as a standalone offering.
The Service is not designed to function through a direct connection between the Device and a landline telephone wall jack. The Device must be connected to cordless or corded telephone hardware.
The Service cannot be used to make 500, 700, 900, 976, 0+ collect, operator assisted, or dial around calls (e.g., 1010-XXXX).
IMPORTANT SERVICE DISCLOSURES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS IMPLEMENTED WITHOUT SPECIFIC CONTROLS THAT MAY GENERALLY BE REQUIRED OR CUSTOMARY FOR CUSTOMERS IN ANY PARTICULAR INDUSTRY AND ARE NOT DESIGNED TO SATISFY ANY SPECIFIC LEGAL OBLIGATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THAT THE SERVICE SATISFIES ANY LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS YOU MAY HAVE. YOU AGREE TO USE THE SERVICES IN ACCORDANCE WITH ALL APPLICABLE LAWS AND NOT TO USE THE SERVICES IN ANY MANNER THAT MAY IMPOSE LEGAL, REGULATORY OR CONTRACTUAL OBLIGATIONS ON VERIZON OTHER THAN THOSE WITH WHICH WE HAVE EXPRESSLY AGREED TO COMPLY IN THIS AGREEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE NOT TO CAUSE, OR OTHERWISE REQUEST THAT VERIZON 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 SERVICES OR IN ANY MANNER THAT WOULD MAKE VERIZON A BUSINESS ASSOCIATE (AS DEFINED AT 45 C.F.R. § 160.103) TO YOU.
Consent to Disclose Activities of Daily Living. The App can access and use alerts and activities that reflect your activities of daily living. For example, the time and trigger of various sensors (e.g., door open at 5:00 p.m.; water detected in bathtub) and equipment status (ambient room temperature) are viewable (depending on the optional services and equipment selected by the primary account user) in the alerts and activities log of the App. In addition, the App may trigger a specific rule relating to an activity of daily living, such as "text John if the door opens." Activities of daily living may be seen by other authorized users with access to the account. If you wish to stop allowing your activities to be tracked and shared by the App, you must limit the number and access of any authorized users with access to the account, Device or Service.
Account Security. You are solely responsible for any use (including any use by anyone to whom you have provided access as a Guest User or Administrator for the Device or Service) of the Device and the App, as well as any compatible smart accessories. We expressly disclaim any liability for damages you may incur in connection with any unauthorized use. To help reduce the possibility of unauthorized use, we strongly recommend implementing security measures, such as utilizing encryption on the SmartHub device and any connected devices, and using a screen lock or a unique password that others won't easily guess, on any device from which you plan to use the App.
SOFTWARE. In connection with the Service, App and Device, we will provide software that is owned by us, our affiliates or third-party licensors ("Software"). We may update the Software from time to time and your failure to install any update may affect your Service and/or use of the Software. You may use the Software only as part of, or for use with, the Service as authorized in this Addendum.
We grant you a limited, non-exclusive, non-transferable license to use the Service and the Software solely as authorized in this Agreement. All rights regarding use of the Service and Software not expressly granted in this Agreement are reserved by us and/or any third-party 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.
Disclaimer of Warranty. THE APP, SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR AFFILIATES, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER.
Limitation of Liability. You agree that the Verizon Parties, and any third party mobile application store operators from which you download the App, are not liable in any way for any losses, damages or injuries caused directly or indirectly by your or anyone else's use, misuse or removal of the Service or the App. You agree that the Verizon Parties will not be liable to you or any third party for any failure of the Service to perform, damage to your personal property, including but not limited to, your mobile device, personal computer equipment or software, losses or injury to your business or data, or damages, including lost income or business opportunity relating to or caused, directly or indirectly by, service failures, equipment or underlying line failures, by any failures of the Software we provide, or by any viruses or other disabling code or intrusions to your system.
Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use the App on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to the Agreement. Apple is not responsible for any claims made by you or a third party regarding the App, including intellectual property infringement claims, or Your use or possession of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Mobile App to conform to any warranty, express or implied. If the App fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount - if any - that you paid Apple for the App.