This agreement ("Agreement") sets forth the terms and conditions under which you agree to use and Verizon agrees to provide FamilyBase. By using FamilyBase, you accept this Agreement for yourself and on behalf of users of any devices associated with your PostPay Account ("Users").
Customer Agreement. This Service is subject to all of the terms in your Customer Agreement with us. Capitalized terms not defined in this Agreement are defined in the Customer Agreement, the current version of which can be found at: www.verizonwireless.com/b2c/support/customer-agreement.
Billing. Data that is used when downloading and using the FamilyBase Parent mobile application ("Parent App"), the FamilyBase Companion mobile application ("Companion App"), and when using the FamilyBase Parent website (touch.familybase.vzw.com) ("Parent Website") through a mobile browser, will be billed according to your Plan. Upon expiration of any trial period, the subscription fee will be billed monthly until you cancel FamilyBase, even if you never apply any settings. If your subscription is billed through iTunes, you must renew it before expiration to avoid cancellation.
Intended Use. FamilyBase is intended for personal, noncommercial use by individuals who are either: (a) the parent or legal guardian of a User or (b) have the consent of the User. You should not use FamilyBase other than as intended and Verizon accepts no liability for any such unauthorized use. You will use FamilyBase and the information provided thereby only for lawful purposes and in accordance with this Agreement.
Settings. FamilyBase is not guaranteed to be precise or accurate. Settings do not restrict activity on Wi-Fi networks and may not work outside your Coverage Area. FamilyBase does not enable you to view, access or store the content of Users' calls or messages. You are solely responsible for choosing and applying settings and informing Users of how your chosen settings will monitor, restrict or limit their use of services. Settings will be lost if you unsubscribe, fail to renew, are cancelled for non-payment, or your Service is otherwise suspended. Roaming, time zone settings and other factors may delay when User activity is reported, which could result in overage charges even if you have applied settings to limit such activity. Purchase limits do not apply to minutes of use, messaging fees, data charges for use of a service or application, or monthly fees for certain services and applications, including subscriptions purchased on Google Play. Message limits do not count Mobile to Mobile messages or messages sent and received using third party applications or services including WhatsApp, Facebook Messenger, AOL/Yahoo Messenger. Data limits count data used for third party applications and services, including those that run in the background or when the device screen is dimmed or off, such as Pandora, TuneIn Radio, MP3 and Podcasts. Minute limits do not apply to calls made and received using third party applications and services including Skype and Viber. Calls to and from Trusted Contacts will count toward minute limits unless they occur during any period in which calls are not billable under your Plan (e.g., nights and weekends). If you choose to restrict calls after Minute limits are reached, only calls to and from Trusted Contacts and 911 will be permitted until you remove the limit. You can't block 611 calls, or calls or messages to 911, and Trusted Contacts can't also be set as Blocked Contacts. Blocking 411 calls will not block calls to (Area Code) 555-1212. When you block a contact, you will not be notified of attempted calls or messages between the User and the blocked contact. Time restrictions and data limits that are set on your own line will apply to your use of the Parent App and the Parent Website from a mobile browser, but you can use also use My Verizon or the My Verizon app to access information and apply settings. Additional information about limitations and restrictions for specific settings is provided in the Parent App and on the Parent Website; please review it before applying settings.
911. No restrictions are placed on Users' ability to send or receive calls or messages (where Text-to-911 is supported) to and from 911. When a User calls or sends a message to 911, all voice and messaging restrictions and Blocked Contacts settings will be suspended until you reapply them by logging into My Verizon and choosing "restart now". Failure to do so could result in unexpected charges. You will be notified when restrictions have been suspended due to a 911 call or text. Timing of this notification may vary depending on various factors, including if the Companion App is installed on the User's device, if controls have been applied to the User's line, and your notification settings.
Device Lock. The Device Lock feature requires the Companion App to be active on a User's device. If a User's device is in Wi-Fi Only mode, Airplane mode or Ultra Power Save Mode, the Device Lock will not function, and it may take up to 24 hours for these device settings to be detected and communicated to you. During this time, you may continue to see a "locked" icon in the Parent App and the Parent Website. Any restrictions or limits that you have set for a User prior to locking will remain in place when their device is locked. The Device Lock does not restrict data used on applications running in the background before the Device Lock is activated, however data limits will remain in effect. If a User is using a 4G LTE device and is on a call (including a 911 call) when you lock their device, the call will terminate but the User will be able to place another call to 911. If a User is using any other type of device, the device will lock only after the call has ended. You won't be able to lock a User's device until at least 24 hours after the User's call or message to 911. When a device is locked, calls and messages to and from anyone except 911 will be restricted.
Companion App. The Companion Apps may be disabled, uninstalled or otherwise tampered with by a User. We are not responsible for and disclaim any liability arising, resulting from or relating to a User's tampering with, removal or disablement of the Companion App. You can only view contacts that are stored in the address book on the User's device, so contacts from services such as Facebook and Google+ won't be viewable if the User has not synced them to their device's address book. Time restrictions and data limits that you set for any User with an active Companion App will apply to Companion App use.
License. Verizon grants to you and you accept a limited, revocable, non-exclusive, non-transferable license to use software made available for you to access FamilyBase for your personal, noncommercial use in the United States on the devices on which it was originally installed. FamilyBase is licensed and not sold to you. You will not or permit anyone else to sell, resell, distribute, loan, lease, otherwise transfer, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, modify, reverse engineer, decompile, or disassemble the software. You will not alter, disable, or circumvent any digital rights management security features embedded in the software. All rights not expressly granted to you herein are reserved. Verizon may revoke this license at any time without notice.
No Warranties. VERIZON PROVIDES FAMILYBASE, INCLUDING ANY SOFTWARE COMPONENTS, "AS IS" WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND.
Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF VERIZON, ITS LICENSORS AND SUPPLIERS FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE UNDER THIS AGREEMENT ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE VERIZON, ITS LICENSORS AN AND SUPPLIERS LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE FAMILYBASE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
Indemnification. You will indemnify, defend and hold Verizon, and its licensors and suppliers harmless from any claims arising out of or relating to your or any User's actual or alleged misuse or fraudulent use of FamilyBase or any other actual or alleged breach of this Agreement. You are responsible for any costs incurred by Verizon or any other party (including reasonable legal fees) in connection with such claims. Misuse or fraudulent use includes, but is not limited to:
- Harassing, stalking, threatening, or otherwise violating the legal rights of others;
- Monitoring User activity without proper consent;
- Using FamilyBase to collect, disseminate, or convey unlawful information or materials;
- Attempting or assisting another to access, alter, or interfere with the communications and/or information about a User;
- Tampering with or making an unauthorized connection to FamilyBase.
Termination. Verizon may suspend, terminate or discontinue FamilyBase or your use of FamilyBase at any time without notice, including if you breach this Agreement.
Additional Terms and Conditions Applicable to FamilyBase Applications Downloaded from the Apple App Store. You may only use the Parent App on Apple 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 Parent App, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon your acceptance 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 Parent App, including intellectual property infringement claims, or Your use or possession of the Parent App, including but not limited to (i) product liability claims, (i) any claim that the Parent 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 Parent App to conform to any warranty, express or implied. If the Parent App fails to conform to any warranty, you may notify Apple and Apple will, as your sole and exclusive remedy, refund the amount - if any - that you paid Apple for the Parent App. Questions regarding the Parent App may be sent to FamilyBase@verizonwireless.com.
Last updated on May 19, 2015