myCricket Application End User License Agreement
Revised January 20, 2019
Cricket Wireless LLC ("Cricket"), licenses the myCricket application (the "Application" or "App") to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").
BY CLICKING "ACCEPT" OR USING THIS APP, YOU: (A) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER AND HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) ACKNOWLEDGE THAT THIS APP WILL NOT BE USED BY PERSONS UNDER THE AGE OF 13; (C) AGREE TO ABIDE BY CRICKET'S CURRENT ACCEPTABLE USE POLICY, https://www.cricketwireless.com/legal-info/acceptable-use-policy.html; (D) AGREE TO THE TERMS OF CRICKET'S CURRENT PRIVACY POLICY, https://www.cricketwireless.com/privacy; AND (E) AGREE THAT THE TERMS OF CRICKET'S CURRENT WIRELESS TERMS AND CONDITIONS OF SERVICE, https://www.cricketwireless.com/terms ("Ts&Cs"), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, FULLY APPLIES TO YOUR USE OF THIS APP. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE Ts&Cs, THE APPLICABLE PROVISION OF THE Ts&Cs SHALL CONTROL.
1. DEFINITIONS: (a) "Cricket," "We," "Our" and "Us" mean Cricket Wireless LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns; (b) "Application or "App" means the myCricket App, any website, software, content or services provided in connection with the App, and any updates to these items; (c) "You," "Your" and "Licensee" mean an individual who downloads or uses the App and any person or entity represented by that individual. (d) "Device" means the smartphone or other wireless device used to review or access the App.
2. THE APP: The App allows You to make payments, check data, view usage, view your plan, add features or call or chat with a Support Advocate. Voice, data and messaging rates may apply when You use this App.
3. CONSENT TO COLLECTION OF INFORMATION: By using the App, you acknowledge and agree that the App may automatically collect and disclose to Cricket and its applicable supplier(s) certain information from Your Device and the App, including without limitation usage information regarding the App. Cricket may use such information, after removing or obscuring Your personally identifiable information, to create statistical reports designed to help maintain, provide and improve the App, as well as for other purposes, including without limitation developing and marketing products and services.
4. LICENSE GRANT AND USE RESTRICTIONS.
4.1 License Grant. Subject to the restrictions set forth in Section 3.2, Cricket grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the App on a single device owned and controlled by You ("Device"), and to access and use the App on such Device, strictly in accordance with the terms and conditions of this License, and all applicable local, national, and international laws and regulations.
4.2 Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Cricket or its collaborators, suppliers or licensors; (e) use the App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) install, use or permit the App to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the App to multiple Devices; (h) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Cricket; (j) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of Cricket or other intellectual property of Cricket in the design, development, manufacture, licensing or distribution of any Apps, accessories or devices for use with the App; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (m) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App. You agree to abide by the rules and policies established from time to time by Cricket. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.
5. INTELLECTUAL PROPERTY RIGHTS.
5.1 Rights to App. The App (including its source and object code), any copies thereof (whether or not present on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Cricket or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of Cricket and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App shall remain with Cricket. Cricket and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the App (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the App by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted in this License are hereby reserved and retained by Cricket. These obligations survive termination of this License.
5.2 Cricket Marks. The following company names and their related logos and all related product and service names, design marks and slogans are registered trademarks, trademarks or service marks owned by and used under license from Cricket: Cricket, Cricket Wireless, myCricket, the Cricket characters and the Cricket logo (the "Cricket Marks"). You are not authorized to use the Cricket Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Cricket, which may be withheld for any or no reason. These obligations survive termination of this License.
5.3 Open Source Software. The App may include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license (the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control. For a list of Open Source Software used in this App, please click here.
6. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES. The App may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties ("Third Party Content and Services"). Your use of Third Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. Cricket does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. Cricket reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the App. Cricket shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third Party Content and Services.
7. TERM AND TERMINATION. This License shall be effective until terminated. To terminate this App, log out and/or uninstall it from your device. This License will automatically terminate if You are not, or are no longer, a Cricket subscriber subject to the terms of the Ts&Cs. Cricket may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by Cricket. Upon the termination of this License, You shall cease all use of the App and uninstall the App. Cricket will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Cricket may have, now or in the future. These obligations survive termination of this License.
8. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, CRICKETAND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, CRICKET AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. CRICKET AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT CRICKET AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 7 SHALL SURVIVE TERMINATION OF THIS LICENSE.
NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA MAY PROVIDE LIMITED REMEDIES TO YOU.
9. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL CRICKET, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CRICKET'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO CRICKET FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.
10. INDEMNIFICATION. You shall indemnify, defend and hold harmless Cricket and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: (i) Your access to or use of the App or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify Cricket in writing of any third-party claim arising out of or in connection with Your access to or use of the App. These obligations survive termination of this License.
11. MISCELLANEOUS. The following provisions survive termination of this License:
11.1 Governing Law, Limitation on Actions. This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and Cricket agree that any cause of action arising out of or relating to this License, the Application or Your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the WCA. Otherwise, such cause of action is permanently barred. This Section 10.1 is not intended to and does not alter any provisions of the Ts&Cs.
11.2 Contact Information. You may reach Cricket Customer Service by dialing 611 from Your Cricket Device or by calling 1-800-274-2538.
11.3 Severability. If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
11.4 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
11.5 Lawful Use. You may not use the App in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App, or (b) by local law, in the jurisdiction(s) in which You use the App.
11.6 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the App to any third party without Cricket's prior written approval.
11.7 Modification or Amendment. To the extent not prohibited by law, Cricket may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through the App or at https://www.cricketwireless.com/legal-info/wireless-application-terms.html. You agree to any such modification or amendment by continuing to use the App following the date in which the modified or amended License is made available.
11.8 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
11.9 Third Party Beneficiaries. Except as explicitly provided in this License or in incorporated agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
11.10 No Transfer by You. Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. Cricket may assign this License without restriction.
11.11 Copyright Complaints. Cricket respects the intellectual property rights of others. If You believe that Your work has been copied and has been posted, stored or transmitted by or through the Application in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Cricket's Copyright Agent: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed upon; a specific description of where the material that You claim is infringing is located on the Sites; Your address, telephone number, and e-mail address; a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Cricket's Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows: Manager of Security & Copyright Infringement 1800 Perimeter Park Drive, Suite 100 Morrisville, NC 27560 Phone: (919) 319-5737 Fax: (919) 319-8154 E-mail: copyright@cricketwireless.com.
11.12 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.