Features and Functions.
The Optimum app makes available for viewing through a Device, the channels and other content offerings which are authorized by your service level and account status and only such channels and content offerings, subject to the availability (as a result of technical and other considerations) of such channels and content offerings through the Optimum app. The Optimum app also allows Subscribers to use their Device as a remote control and control their Optimum TV set top boxes. The Optimum app also allows Subscribers to search for programming and other content using either voice-based or text-based search. You understand and agree that the audio files and associated transcriptions and log files ("Speech Data") generated by your use of the voice-based search will be collected, stored, and used by Optimum and its vendors to translate the Speech Data into text and may be collected and used by such third parties to tune, develop, build, enhance and/or improve the speech recognition functionality. You also understand and agree that the text-based search terms generated by your use of text-based search as well as the transcription(s) of your voice-based search will also be collected, stored and used by Optimum and its vendors to provide you with search results and recommendations of related programming or content, including for the purpose of developing, enhancing and/or improving the search and recommendation functionalities.
The Optimum app also enables Subscribers that subscribe to Optimum and/or Optimum Online to manage their Optimum DVRs remotely through their Device. Use of the Cloud DVR through Optimum app is subject to the Agreement for Cloud DVR.
Subscriber acknowledges that in order to utilize the full functionality of the Optimum app, Subscriber must be connected to a Optimum cable modem and secured home wireless network. Subscriber may utilize certain functionality without being connected to a Optimum cable modem and secured home wireless network. Subscriber understands and agrees that Optimum reserves the right to modify the Optimum app, and the features and functionality thereof, at any time without notice to you.
Restrictions on Use.
Subscriber agrees that his/her use of and access to Optimum app shall only be for personal and noncommercial use and not for public use or performance. Subscriber understands and agrees that only certain content is accessible from Optimum app when outside of the service location. Content streaming functionality via Optimum app is not available to Optimum for Business Subscribers. Subscriber agrees that s/he shall not access or use any software, system, device or other technology to enable the Optimum app or any feature or functionality thereof to be accessed or used in any manner or for any other purpose other than as expressly permitted hereunder. For example, Subscriber may not view the Optimum app through a virtual private network. Other features of Optimum app, including channel guide, Search, and management of their Optimum DVR service, subject to the Agreement for Cloud DVR, may not be available outside of his/her residence.
In order to access the Optimum app, Subscribers also agree to password-protect their home router to ensure the security of their in-home wireless network. (No more than three (3) Devices associated with a Subscriber's account may simultaneously view channels and content offerings through the Optimum app. A Subscriber may use Airplay to transfer any audio and/or video content viewed through the Optimum app to any other device inside such Subscriber's home. Subscriber also agrees not to submit any automated or recorded requests for Voice Search purposes.
Optimum hereby grants to you a non-exclusive, non-transferable, limited, license to download, install and use Optimum app on your Device. All rights not expressly granted in these Terms are reserved. The Optimum app is provided in and may be used in machine-readable object code form only. No license is granted to you in the source code of Optimum app.
Optimum shall have sole and exclusive ownership of all right, title, and interest in and to Optimum app, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide you with title or ownership of Optimum app, but only a right of limited use.
Limitations on Use.
You may not decompile, reverse engineer, translate, disassemble, modify, port, translate, copy, reproduce, duplicate, distribute, create derivative works of Optimum app or in any way derive, reconstruct, identify or discover from Optimum app any source code, underlying ideas, or algorithms by any means. You also agree not to sell, lease, license, sublicense, distribute, assign, transfer or otherwise grant any rights to Optimum app. You agree 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 Optimum app. You agree not to use Optimum app for purposes of comparison with or benchmarking against products or services made available by third parties. Further, you may not, directly or indirectly, disclose, distribute or make commercial use of Optimum app or incorporate Optimum app into your products or software. You may not use Optimum 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 Optimum app.
The Optimum app is only available to residential Subscribers of Optimum who are in good standing. Subscribers must also have a valid Optimum ID to access Optimum app. Live TV functionality is available to all video subscribers. Remote control functionality requires applicable Optimum digital set top box. Customers using only a CableCARD (without an Optimum digital set top box), including CableCARD-enabled devices such as a TiVo, will not be able to experience transactional Video On Demand (i.e., Video on Demand titles available for an additional charge) using the Optimum app.
You agree that you may not use or export Optimum app (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. You represent and warrant that you are 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 you are not listed in any US government lists of prohibited or restricted parties.
Access to and use of the Optimum app requires a Device, and an internet connection. In order to utilize the full functionality of the Optimum app, the Device must be connected to an Optimum cable modem and a secured home wireless network. Use of this app may involve the use of a wireless data service. Subscriber understands and agrees that Optimum is not responsible for any data access charges that may be imposed by your underlying wireless data service provider when using the data service.
We may collect and use information regarding your use of Optimum app and your Device in accordance with Optimum's Customer Privacy Notice and Mobile Application Privacy Notice. Subscriber understands and agrees that this information may include, but not be limited to, Device type and operating system information. Subscriber also understands and agrees that Speech Data may be transferred within the United States and/or to other countries for storage, processing and/or use by Optimum's third party vendors.
OPTIMUM PROVIDES THE APP, THIRD PARTY SOFTWARE AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND OPTIMUM HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. OPTIMUM MAKES NO WARRANTY OR GUARANTEE THAT THE APP OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH SUBSCRIBER'S USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT, ERRONEOUS DELETIONS, FAILED RECORDINGS, AND INABILITY TO ACCESS PROGRAMS OR PROGRAM INFORMATION AND OR OTHERWISE CONTROL THE OPTIMUM TV SET TOP BOX.
Third Party Software.
You acknowledge that use of the Optimum app may require software that is licensed, sold and/or provided to you by third parties and is included on your 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 you and the licensor of the Third Party Software. Subscriber acknowledges and agrees that you shall only use Third Party Software on your Device that is authorized by your Device manufacturer.
Any questions or comments regarding Optimum app should be directed to Optimum at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758
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.
Changes to Optimum app and these Terms.
Subscriber agrees that Optimum may for any reason and without notice to Subscriber, modify or terminate Optimum app without liability to Subscriber, 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 Subscriber of any such changes to this agreement by posting notice of such changes on the Optimum website, by written or electronic correspondence, or through an update - required or otherwise - to Optimum app. The Subscriber's continued use of Optimum app following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of these Terms, Subscriber must immediately cease using Optimum app.
Effective: August 1, 2022