These Terms of Service ("Terms") for the Verizon Messages (Message+ app) with Integrated Messaging and Integrated Calling service ("Service") is between you as our Subscriber and User or our Service and Verizon Wireless ("Verizon", or "we" or "us") and sets forth the terms and conditions under which you agree to use and we agree to provide the Service. By using this Service, you agree to our Terms of Service. If you are under 13 years old, you must not use this Service. You must be 16 years old to use this Service. In addition to the minimum required age to use the Service, if you are a minor in your jurisdiction (i.e., not old enough to have authority to agree to these Terms) your parent or guardian must agree to our Terms on your behalf. If you do not agree with these Terms, you must stop using the Service. Verizon may make updates to these Terms at any time by posting them so you should check regularly for updates. By continuing to use the Service, you are accepting such revised Terms. If another person or entity is the owner of the wireless account you use for this Service, or the primary account holder of the device you are using with this Service, or a third party you have authorized to allow the viewing of your Messages including content, you authorize Verizon to share your account information and any Messages with such person, entity or third party. You are responsible for use of the Service and for use by any third parties with whom you share your account, device, or use of the Service. Any use of the Service by third parties you authorize are subject to these Terms and their use may impact your Service and/or right to use same.
- The Service. Verizon Messages (Message+ App) is a Verizon messaging application that provides an integrated and customized messaging experience across your compatible mobile phone, tablet, PC, and other devices, and an integrated calling experience across your eligible mobile phone and tablet. You can also send group, location and other multimedia messages ("MMS") in addition to traditional text (SMS) messages (together "Messages") and other features including larger group chats, customized conversations, Media Search, location sharing, photos, emojis, stickers, postcards, videos, camera features, scheduled texting, Yelp, eGifting, voice recording, Integrated Calling and Integrated Messaging to sync your messages across eligible devices. Integrated Calling allows you to make and receive calls through the Service on your smartphone and up to five additional tablets, which share your smartphone's phone number. To use Integrated Calling, you must first activate Advanced Calling on your smartphone. You must also have access to the Internet through your device's Wi-Fi or cellular connection. If you lose your Internet connection while on a call, your call may drop. You can disable Integrated Calling by going to Settings and toggling it off. You must disable Integrated Messaging if you no longer want to use that feature to stop it from synching and storing Messages (deleting the Message+ app will not stop the storage of messages or synching). You should use the Service for all your connected devices to avoid inconsistencies in the Messaging experience (such as issues with syncing, deleted or delayed messages, duplications, sent messages, read status etc.). Media file size may vary depending if you are using cellular coverage or WiFi. You may cancel the Service at any time however you will not be able to access your Messages including any prior group chats. For best performance, ensure you are using the most updated version of the app. Further information can be found about the Service in our FAQs: https://www.verizonwireless.com/support/verizon-messages-faqs.
- Eligibility. You must have an eligible device, tablet, and/or computer/browser with the Message+ app downloaded and enabled, a valid U.S. mobile number, and you must agree to these Terms and opt into the Service. The Service will not work with messaging or data blocks on your account. Group messaging requires all group users to have the Message+ app. Users are required to provide updated and accurate account information to sign up for the Service and to protect such information.
- Changes to and Availability of the Service. Verizon may change, upgrade, improve discontinue, suspend or modify the Service or any part, supported devices or platforms or any features at any time without notice to you. You agree that Verizon has no obligation to provide any feature or part of the Service and that we may suspend or discontinue the Service at any time in whole or in part at our discretion. Our Service may be interrupted, including for maintenance, repairs, upgrades, new releases, network or equipment failures or if we terminate or suspend your use of the Service. Events beyond our control may also affect our Service.
- Limitations. If you switch between the Service and another messaging application, the Service may not work, may be interrupted, or you may not be able to access Messages or content. You may need to turn off the non-Verizon messaging service for our Service to work properly. Group chat size may be limited. You may be able to switch between the Service and your native messaging app, but some limitations may apply (such as duplicate messaging, missing messages, delays, or differences in functionality). When driving mode is turned on, the app will turn off incoming audio and pop-up message notifications and send an auto-reply Message that you are driving and will reply later which can be edited or turned off (Driving Mode is only available for eligible Android devices at this time). If you turn on Auto-Glympse, your location will be automatically shared with anyone in your whitelist contacts if they message you while driving mode is on (see also Location Data below). You can schedule texting to be sent for a specific date and time for up to one year. We may establish limits on the use of the Service including but not limited to Message size, storage, the number of Messages sent over a limited time period. Verizon and other interconnected carriers may block, filter, throttle or limit Messages. The Service may be subject to outages, delays and traffic congestion and there is a risk of non-delivery or delayed delivery. There are limitations to wireless messaging which by their nature do not permit or may delay the delivery of Messages due to our network, a user's location, plan, permissions or connection. Messages may not be successfully received or sent due to use of an incompatible device or carrier service plan; a device may be turned off, out of range, or not working properly; a user's device storage may be full; or a carrier may have blocked Message(s); there may be insufficient network capacity and/or interference due to equipment, terrain, proximity to buildings, foliage, and weather. Due to cellular coverage and system limitations, we do not guarantee the availability, security, and reliability, delivery speed or timeliness of Message delivery. Certain features are not available for desktop messaging.
- Emergency 911 Calls. You can make a 911 call on a tablet through Integrated Calling, but whenever possible, you should make a 911 call on a cellular or landline phone. This is because 911 calls made over WiFi or the Internet may be delayed or unsuccessful; for example, if the 911 system doesn't recognize the address, electrical power is out, or your Internet connection isn't working. To turn on Integrated Calling, you must enter the U.S. address where you want emergency services to be sent if you call 911 from this app. It is very important that you update your 911 address whenever you change your location since this is the location that will be given to emergency services when you dial 911. You can go to Settings and change your 911 address at any time.
- Your Wireless Agreement. This Service is additionally subject to the terms in your agreement for wireless service with Verizon: see https://www.verizonwireless.com/legal/notices/customer-agreement/. For corporate or government liable device users, the agreement for wireless service between Verizon your organization applies.
- Message Retention. To make sure your Messages are synched across your devices, we store the Messages you keep on your devices for up to 90 days. You can also choose to store them on your device or in your smartphone's cloud service: see Verizon's Cloud terms of service: https://www.verizonwireless.com/support/cloud-legal/. If you schedule a Message to be sent at a later date, then we store that unsent Message until the scheduled delivery date and up to 90 days after delivery. When you delete a Message from one device, we delete it from our servers and also from your other devices (only for android phones at the moment). This synching process may not be instantaneous. If you no longer want to use the Service on any device, then you must unsubscribe in the app Settings to stop the Service from synching and storing your messages. Deleting the app from a device or switching to another messaging application, even as the default messaging application on the device, will not stop the storage of Messages unless you unsubscribe to the Service in the app Settings. While Messages remain on Verizon's network or in any storage or backup system, we may retain such Messages and produce them if required by law, court order, subpoena, or other lawful process. You acknowledge, consent and agree that Verizon may access, preserve and disclose your Messages to comply with legal process, enforce these Terms, respond to claims by third parties or questions by you, and to protect others, Verizon, our network, systems and our assets.
- Cloud Storage. The Service includes a feature called Integrated Messaging that stores Messages in the cloud and enables you to synchronize message across multiple devices, including smartphones, tablets and the web. If you do not want your Messages stored in the cloud, do not use or block the Service.
- Charges. Messages sent and received over the Verizon network or a Wi-Fi network will count towards your smartphone's messaging plan and data plan. The same rate will be charged per message per recipient regardless of whether you send your message from your mobile phone, tablet, PC, laptop, or other device. For Verizon customers, a) individual messages are billed as text messages (SMS); b) Messages with attachments (multi-media messages) over 5 MB and certain other features will incur data charges according to your data plan, and (c) group MMS messages and messages with attachments (audio, video, photos, files etc.) less than 5 MB will be charged at the MMS rate (and will not incur data charges). Data charges apply for the app and feature downloads and use of some features of the Service on the cellular network, including, but not limited to, Integrated Calling (voice and video where applicable), Glympse, Places by Yelp, Gifting, Image Preview, Realtimes images, auto-reply, muted/unmuted conversations, Scheduled Messages, updates to group details, and public profile updates, sending/receiving standard or high resolution videos, location and search functions, and for the synchronization of Messages among your devices. eGift cards will be billed based on the value of the eGift card selected. Standard multi-media (MMS) message rates apply for the sender and recipient of the eGift card. When using the Service outside of the US, Global Data charges will apply. Visit www.Verizon.com/global for more information. Non-Verizon customers are billed under your own provider's messaging and data plans.
- Integrated Calling Charges. You can use Integrated Calling with no additional monthly service fee. However, you will incur data usage charges in accordance with your data plan. If you transfer a call among connected devices, each transfer will be billed as a separate call and will be billed accordingly. Also, depending on your service address, you may be assessed an additional 911 charge if required by law. Any call made from a tablet to a U.S. number will be treated as a domestic call, no matter where the call originates, and will not count against your calling plan, except for calls made to premium numbers such as 411. Any call made from a tablet to a non-U.S. number will be treated as an international long distance call that originates in the U.S., which is subject to U.S. taxes, fees and Verizon surcharges, no matter where the call actually originates. These calls will be billed in accordance with your international calling plan or, if you do not have an international calling plan, you will be charged the applicable standard long distance rate for the location called.
- Acceptable Use Policy. You must access and use the Service only for legal, authorized and acceptable purposes. You may not use the Service in a way that violates, misappropriates, or infringes our rights nor those of others including privacy, publicity, intellectual property or other rights, or that is illegal or harms Verizon, our users or others. You agree that your use of the Service will comply with any applicable local, state, national and international laws and regulations, including messaging laws, anti-spam, export control, intellectual property and privacy laws. Verizon's failure to take any action, shall not amount to a waiver of any right to enforce these Terms. You are solely responsible for the Messages you send, receive, access, or transmit through the Service and Verizon is not liable for same. You must not send unwanted messages through the Service which includes any content, links or messaging that: amounts to spam (unsolicited bulk commercial Messages), "phishing" (Messages intended to access private or confidential information through deception or otherwise); contains executable files or links to other content; is premium or messaging that requires a subscription or surcharge; is harassing, bullying, libelous, defamatory, obscene, harmful, vulgar, tortious, encourages harm to children; celebrates, encourages or depicts discrimination, harm, or violence; degrades, intimidates, encourages illegal conduct, dehumanizes, causes safety concerns; provides instructions on illegal activities; incites violence; is racially or ethnically offensive; causes consumer complaints; does not meet community standards or is otherwise objectionable or inappropriate in the opinion of Verizon. You will not use the Service to create a false identity, provide false information or otherwise attempt to mislead others as to identity or the origin of a Message. Messages must not contain junk mail, pyramid schemes or the like. Verizon, other interconnected carriers and our service providers may restrict, block, or throttle traffic Verizon may suspend, alter or terminate the Service for breach of this clause. You agree to reasonably cooperate with us and/or any governmental authority in investigating any violation or prohibited use of the Service.
- Security. You are responsible for keeping your device(s) secure and your Service account safe and secure and will promptly notify us of any unauthorized use or security breach of your account.
- Beta Features. We may release features or functionality that are still being evaluated or tested ("Beta Feature"). We will advise you in the application if something is a Beta Feature. We may ask you to provide feedback for a Beta Feature but you are not obligated to provide same. We may or may not use such feedback to improve the Beta Feature and/or the Service. We may reach out to you regarding your feedback but are not obligated to do so. Our Acceptable User policy applies to any feedback you provide. If you choose to use a Beta Feature, note that it may change as we review feedback provided by users and may not perform as reliably as other non-Beta Features. We may change, suspend, or discontinue a Beta Feature at any time without notice.
- Intellectual Property. Verizon owns all rights, including intellectual property rights, in the Service and its components, software, tools, documentation, and other materials relating to it, including modifications, updates, revisions or enhancements. All rights not explicitly given are reserved by Verizon. We do not claim ownership.
- License Rights and Restrictions. Subject to these Terms, Verizon grants to you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service as per these Terms. This license is for the sole purpose of enabling you to use our Service allowed under these Terms. No implied license is granted. You shall not and shall not allow any third party to (a) modify, copy, or otherwise reproduce the Service in whole or in part; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of any elements of the Service; (c) charge for, provide, lease, sell, resell, make available, or lend the Service in whole or in part to any third party; (d) remove any proprietary notices or labels; (e) modify or create a derivative work of any part of the Service; (f) use the Service for any unlawful or fraudulent purpose including but not limited to harvesting or collecting information about others (or attempting to) or misrepresenting your identity; (g) breach these Terms or Verizon's policies; or (h) use the Service in a way that interferes with, disrupts, damages, impacts or inappropriately accesses the Service, servers, networks, or other properties or services of Verizon; harms or poses a risk to Verizon, our customers or other users; attempts to bypass or breach any security mechanism or poses a security or service risk; may subject us or any third party to liability; or introduce any virus, Trojan horse, or any other malicious, harmful or deleterious program.
- Suspension/Termination. Verizon may without notice suspend, terminate, limit, temporarily block access to, modify, or discontinue your use of the Service, including but not limited to: if you breach these Terms or any other agreement you have with us; as part of Verizon maintenance; if we change, discontinue or improve the Service; to prevent or manage any security issues or potential fraud; to protect or prevent harm to Verizon, our assets, systems, networks, other users, the public, or our suppliers; or due to the impact of any requirement, ruling, regulation, operational or other government change impacting the Service. Such action will result in a loss of Messages, deletion of Messages, and loss of access to the Service for which Verizon shall not be liable. Verizon shall have no liability for any damage, liabilities, losses (including loss of data, Content or profile) or any other consequences you incur as a result of any suspension, modification, limitation or termination of the Service. Sections of these Terms relating to our license to you, restrictions, service limitations, disclaimer of warranty, copyright, intellectual property, limitation of liability, indemnification, termination and other terms that by their nature would apply post-termination, continue to apply after termination of the Service.
- HIPAA/Confidential Information. The Service and Integrated Messaging are not HIPAA compliant and not designed for secure transmission or storage of personal healthcare information. Do not use the Service for the sending of confidential information or to store or transmit Protected Health Information (PHI) as defined in the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively "HIPAA"). If you are a Covered Entity or a Business Associate as defined by HIPAA, you must not use the Service to store or transmit PHI. If your business is a Covered Entity or Business Associate as defined by HIPAA, or an entity that otherwise does not want its users to save Messages to the cloud, a Verizon authorized representative must block Integrated Messaging.
- eGifting. You can attach an eGift card and send it to any US mobile device that can receive picture and video messages (delivered as a picture message). If you signed up after March 20, 2018, eGift cards won't be available for purchase through your secondary device. Gift card value may be limited. When you purchase an eGift Card or Data Gift through the Service, you may charge it to your Verizon account or your credit card (when available). Eligibility requirements may apply. Please review third party terms for eGifting as presented to you and visit www.verizonwireless.com/support/freebee-data-gifting-legal/ terms prior to purchase. If you purchase and send an eGift Card or Data Gift through the Service, then those charges, including any taxes and surcharges, if applicable, will appear on your Verizon bill or your credit card bill, as selected by you. By purchasing an eGift Card or Data Gift, you acknowledge that you are authorized to use the designated Verizon account or credit card and you authorize us to charge your purchase to that Verizon account or credit card. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. Credit card processing fees may apply even if the credit card has expired or changed by the time Verizon submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your purchase. You may contact Verizon's Care team regarding how to prevent a line on your account from charging eGift Cards or Data Gifts to your Verizon account.
20.2 Data Gift. Data Gifts are only applicable for future data usage and cannot be applied to accrued data charges or overages on a Verizon account. Data Gifts have no cash value, are not returnable or refundable, and may not be exchanged or redeemed for cash. Data Gifts can only be purchased by and sent to Verizon customers. Only Verizon customers with an eligible data plan may receive and redeem Data Gifts. If you receive a Data Gift and terminate or cancel your postpaid Verizon account, or switch to a non-qualifying plan or ineligible account type, any unused data will expire. Data Gifts are not transferable and will not be prorated.
20.3 Stockpile Gift Card. Stockpile gift cards are issued by Stockpile Gifts, Inc. and have a fixed value. Stockpile gift cards are not a security or a recommendation to buy a specific security. If you redeem a Stockpile gift card for a security, you will receive fractional shares whose value will vary with time. Purchase price include initial stock trade, which executes at the market on close price. Trademarks are the property of their respective owners. Securities transactions are executed by Stockpile Investments, Inc. member FINRA/SIPC. Investing involves risk. Securities products are not FDIC insured, not bank guaranteed, and may lose value.
- DISCLAIMER OF WARRANTY. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND IS PROVIDED "AS IS" AND "AS AVAILABLE". VERIZON, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, THIRD PARTY LICENSORS, SERVICE PROVIDERS, VENDORS, AGENTS AND SUPPLIERS ("COVERED PARTIES"), DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, TITLE, INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MESSAGE DELIVERY OR TIMELINESS OF SAME, SECURITY MECHANISMS OR CONTROLS, SYNCHING, ACCURACY, COMPLETENESS, RELIABILITY, THAT THE SERVICE WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, LOSS OF OR DAMAGE TO CONTENT, DATA OR INFORMATION, FREE FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, WILL MEET YOUR NEEDS OR EXPECTATIONS OR WARRANTIES ARISING UNDER STATUTE. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR USER CONTENT, HOW USERS USE THE SERVICE, OR ANY FEATURE OR INTERFACES WE PROVIDE. YOU ASSUME THE SOLE COST OF ANY SERVICE AND REPAIR RELATING TO YOUR USE OF THE SERVICE AND FOR ANY DAMAGE TO YOUR DEVICE(S), DATA, CONTENT, COMPUTER OR OTHER SYSTEM RESULTING FROM USE OF THE SERVICE. NO ADVICE OR INFORMATION, WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. BY USING THE SERVICE.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED UNDER THE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, PRODUCT LIABILITY, OR OTHERWISE, SHALL VERIZON, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, RESELLERS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR THIRD PARTY LICENSORS ("COVERED PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, FEES OR COSTS WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, WITHOUT LIMITATION, RELATING TO PERSONAL INJURY, DAMAGE TO PERSONAL, PROPERTY, PRIVACY OR PUBLICITY RIGHTS OF ANY NATURE, LOST PROFITS, LOST, INACCURATE OR DAMAGED CONTENT/MESSAGES OR DATA, LOST GOODWILL, LOST BUSINESS, OR OTHER INTANGIBLE LOSSES, CONDUCT OF A THIRD PARTY, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES, LOSSES, FEES OR COSTS EVEN IF VERIZON WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RELATE TO, ARE A RESULT OF THE USE OF, OR INABILITY TO USE THE SERVICE OR ANY FEATURE. COVERED PARTIES SHALL AT NO TIME BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY AS A RESULT OF HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE.
- INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS VERIZON AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, SERVICE PROVIDERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY CLAIM, DEMAND, PROCEEDING, LOSS, DAMAGE, COST, FINE, PENALTY, FEES, INTEREST, CONSEQUENTIAL LOSS, AND/OR EXPENSE (INCLUDING ATTORNEY AND OTHER PROFESSIONAL FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY MESSAGES YOU SEND, RECEIVE, STORE, DISPLAY OR ACCESS; ALLEGED OR ACTUAL BREACH OF THESE TERMS OR ANY THIRD PARTY TERMS OR RIGHTS; ANY VIOLATION OF APPLICABLE LAW OR REGULATION; YOUR CONDUCT RESULTING IN ANY PROPERTY DAMAGE, LOSS, OR INJURY TO A PERSON OR THEIR RIGHTS; OR MISUSE OF THE SERVICE INCLUDING BY ANY NEGLIGENCE OR WILLFUL MISCONDUCT. YOU WILL PROMPTLY NOTIFY VERIZON OF ANY CLAIM RELATED TO YOUR USE OF THE SERVICE.
- Driving Safety. Verizon is not responsible for use of the Service while driving. Safe driving is your responsibility. Driving Mode allows you to send auto-reply messages and incoming message notifications are stopped so you don't get distracted (eligible devices only).