Optimum Amplify Terms of Service
The Device may either be purchased (a “Purchased Device”) or, if You are an Optimum subscriber, rented from Optimum (a “Rented Device”). Rented Devices are Optimum Equipment as defined in the General Terms and Conditions of Service (Residential) and General Terms and Conditions of Service (Business) (the “Optimum Terms”) which are incorporated herein by reference. In addition to any late fees described in the Optimum Terms, failure to pay your bill for Optimum services when due may result in the discontinuance of Rented Device functionality until the balance is brought current.
Subject to the terms and conditions of these Terms, Optimum grants to You a worldwide, non-exclusive, non-transferable, personal license (without the right to sub-license) to use the Set-Up App and the software as embedded in the Device for the sole purpose of operating the Device. Any software updates provided by Optimum shall be subject to these Terms.
Compliance with Copyright Laws.
You agree to comply with U.S. and international copyright laws in connection with Your use of the Device. You agree to indemnify and hold harmless Optimum and its licensors from and against any and all claims suits, losses, damages, liabilities, investigations, cost and expenses incurred by Optimum or its licensors arising out of or related to Your failure to comply with applicable copyright or intellectual property laws.
Third Party Software.
Customer acknowledges that use of the Device and Set-Up App may require software that is licensed, sold and/or provided to Customer by third parties and is included on Customer's Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between Customer and the licensor of the Third Party Software.
Limitations on Use.
Customer may not decompile, reverse engineer, translate, disassemble, modify, port, translate, copy, reproduce, duplicate, distribute, create derivative works of the Device and Set-Up App or in any way derive, reconstruct, identify or discover from the Device and Set-Up App any source code, underlying ideas, or algorithms by any means. Except in the event of a Purchased Device, Customer agrees not to sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights to the Device and Set-Up App. Customer agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices, labels or marks contained or embedded within or on the Device and Set-Up App. Further, Customer may not, directly or indirectly, incorporate the Device and Set-Up App into Customer's products or software. Customer may not use the Device and Set-Up App in an attempt to circumvent technological measures implemented to control the rights to and access and use of any content, files or other material made available in or through the Device and Set-Up App.
Customer agrees that Customer may not use or export the Device and Set-Up App (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. Customer represents and warrants that Customer is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that Customer is not listed in any US government lists of prohibited or restricted parties.
Use of the Device and Set-Up App requires a secured home wireless network. We recommend that You password-protect Your home router to enhance the security of Your home wireless network, Use of this Device and Set-Up App may involve the use of a wireless data service. Customer understands and agrees that Optimum is not responsible for any data access charges that may be imposed by Customer's underlying wireless data service provider when using the data service.
COLLECTION: We collect two different types of information related to You as a result of your purchase, rental and use and our provisioning of the Device: Personal Information and Device Specific Information (collectively, “Information”).
"Personal Information" means information that We directly associate with a specific person or entity, for example, name, mailing addresses, telephone number, email address, and payment information. Personal information does not include "de-identified,” or "aggregate" information that is not linked or reasonably linkable to a specific person. When You rent or purchase a Device, We will use your Personal Information in order to process the transaction. Once your Device is shipped, We will associate your Device with a unique identifier, which is then used to identify your Device, and is thereafter associated with the Device Specific Information that We automatically collect, as further described below.
“Device Specific Information” means, as further described below, the Device Data, Performance Data, Activity Data, and Audio Data that is related to a Device, which We automatically collect in order to provide the requested functionality and fulfill the agreement We have with You. “Device Data” means information related to device type, device identifiers, operating system, software version, content source (audio line in), information about WiFi antennas, audio settings (such as equalization or stereo pair), the names You have given your Device in different rooms, and error information. “Performance Data” means and includes information related to the temperature of your device, WiFi information like signal strength, information about how often You use the Set-Up App versus other control mechanisms, flow of interactions within the Device and Set-Up App, and duration of Device use. “Activity Data” means and includes duration of music service use, application or room grouping information, command information (such as play, pause, change volume, or skip tracks), and information about track; each correlated to the individual Device. “Audio Data” which means and includes any sounds, noises, voices, speech or other audio at each frequency. Details regarding collection, use and disclosure of Audio Data are provided below.
DISCLOSURE: Optimum does not and will not sell, license, or rent your Personal Information collected as a result of Your purchase, rental or use of the Device without Your consent. We only disclose your Personal Information as described in these Terms.
We may share your Device Specific Information with the following types of parties: 1) third party application providers which You specifically authorize or are otherwise necessary to provide the requested functionality; 2) our employees, agents, and affiliates within our family of affiliated businesses though we seek to limit access to individuals on a need to know basis; and 3) a successor company in connection with the merger, acquisition or sale or all, or components of, our business.
We may also disclose Your Information as required by law or to protect Optimum and others. These disclosures may be made with or without Your consent, and with or without notice, in compliance with the terms of valid legal process such as a subpoena, court order, or search warrant. If Optimum is required to disclose Information that identifies You to a private third party in response to a civil court order, We will notify You prior to making such disclosure unless legally prohibited from doing so.
We may also disclose Information when we believe in good faith that the disclosure of such information is necessary to enforce our rights under our terms of service and policies, address suspected illegal activity, secure our services or network, protect our rights or property, or in emergency situations to prevent imminent physical harm.
Collection, Use and Disclosure of Audio Data: Your Device is not continuously capturing sound in your home. Your Device only captures sound and other audio recordings when You enable voice control technology on your Device. Voice control works by your Device “listening” for a key wake-up word. This “listening” means that your Device buffers and re-records locally, without transmitting or storing any information, until it detects the word or phrase (such as “Alexa”) that triggers the Device to begin actively recording. If your Device does not detect the wake-up word, it continues to record over itself in a never-ending loop lasting a few seconds. This is all done locally on your Device and is not sent to Optimum or any third party. If a wake-up word is detected, your Device begins recording. It does not record or retain any audio data, or begin to transmit any data until it is “woken up.” You are notified that it is recording by a visual element, such as a light on the Device, and a specific sound. Your Device will record until your voice command is finished. The actual recording of your voice command is then sent to the voice partner You have authorized to receive such recording (for example, Amazon). Optimum does not retain a copy of your voice recording.
SECURITY: We employ physical, electronic, and procedural safeguards to protect Information. Despite these measures, We do not guarantee the security of information stored in our database or that unauthorized parties will not intercept information you send or receive over the Internet. As a shared resource, the Internet subjects our services and you to the risk of unauthorized access to files and data, even when security measures are implemented.
We will retain Information for as long as your account is active or as otherwise necessary to fulfill our agreement with you, help us improve our products and services, comply with our legal obligations and/or resolve disputes.
Return Policy for Purchased Devices.
Your Device may be returned within fourteen (14) days of purchase or, for customers who received the Device via shipment, fourteen (14) days from date of delivery. If purchased in a store, You may return the Device to the store at which you purchased the Device. Otherwise, You must request an RMA number via the My Orders Self-Service online portal, or by calling customer service at 1-800-244-2328. All original packaging and peripherals (power cords, cables, and printed collateral) must be returned with the Device for a return to be processed. A restocking fee equal to 10% of the purchase price will be charged for Devices that are not returned with original packaging and all peripherals.
You understand and agrees that any replacement devices will not contain the contents previously stored on the Device. You agree to back up device contents prior to the requesting any replacement Device.
Warranty for Purchased Devices.
Your Device is subject to a twelve (12) month, limited, manufacturer’s warranty from the date of purchase which warrants that Your Device shall be free from defects in materials and workmanship. OPTIMUM DOES NOT WARRANT THAT THE DEVICE OR SET-UP APP WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. IF YOU ARE A CONSUMER THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS. EXCEPT AS SET FORTH IN THESE TERMS, AND SUBJECT TO ANY MANDATORY CONSUMER PROTECTION LAWS TO THE CONTRARY, OPTIMUM’S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR BREACH OF THE FOREGOING WARRANTY SHALL BE REPAIR OR REPLACEMENT OF THE DEVICE, OR IF NEITHER OF THE FOREGOING ARE REASONABLY AVAILABLE, A REFUND OF THE AMOUNT YOU PAID, ALL SUBJECT TO OPTIMUM'S SOLE DISCRETION.
The foregoing warranty does not extend to issues in the Device that result from: (i) Your failure to implement device or third-party application updates; (ii) any use of the Device in a manner for which it was not designed, intended, or as authorized under these Terms; or (iii) any use of the Device with other products, hardware not supplied by Optimum.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, OPTIMUM MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE DEVICE OR SET-UP APP. OPTIMUM AND ITS SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY.
LIMITATION OF LIABILITY
Without limiting the above disclaimer and any limitation of liability terms in the Optimum Terms and TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPTIMUM, ITS LICENSORS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO COST OF COVER, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUINARY LOSS ARISING FROM THE USE OF (OR INABILITY TO USE) THE DEVICE, NO MATTER HOW CAUSED AND ON ANY THEORY OF LIABILITY.
Unless otherwise provided by Optimum or otherwise required by applicable law, in no event will Optimum or our licensors' or third party service providers’ aggregate liability for any claim arising from or relating to these Terms or use of the Device or Set-Up App exceed FIVE THOUSAND DOLLARS ($5,000.00).
The limitations set forth herein shall apply even if Optimum has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy. You acknowledge and agree that these limitations reflect a reasonable allocation of risk.
This limitation shall not apply to damage resulting from willful misconduct or gross negligence on the part of Optimum, or to damage resulting from loss of life or personal injury caused by the willful misconduct or gross negligence of Optimum. With regards to product liability, the limitations set forth herein shall only apply to the extent permitted by mandatory rules regarding product liability. These limitations shall not affect Your statutory rights as a consumer.
Any questions or comments regarding the Optimum Skill shall be directed to: 1-800-244-2328.
Choice of Law.
These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Changes to the Device and Set-Up App and these Terms.
Customer agrees that Optimum may for any reason and without notice to Customer, modify the Set-Up App and any software preloaded onto the Device, without liability to , any user or any third party. Optimum may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. Optimum may notify Customer of any such changes to these Terms by posting notice of such changes on Optimum.com/terms-of-service, by written or electronic correspondence, or through an update - required or otherwise - to the Device and Set-Up App. The Customer's continued use of the Device and Set-Up App following notice of such change, modification or amendment shall be deemed to be the Customer's acceptance of any such modification. If Customer does not agree to any modification of these Terms, Customer must immediately cease using the Device and Set-Up App.
Customer understands and agrees that Optimum reserves the right to modify the Device and Set-Up App, and the features and functionality thereof, at any time without notice to Customer.
Your rights under these Terms will automatically terminate without notice if You fail to comply with any of its terms. Optimum’s failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of its rights.
Effective August 1, 2022