- Features and Functions:
The App is a self-care app which provides Optimum Subscribers help with account, billing and payment management, as well as appointment management. Subscriber understands and agrees that Optimum reserves the right to modify the Optimum Support app and the features and functionality thereof, at any time without notice to you. Subscribers can perform common Customer Service and Support functions such as: viewing account summary; viewing and paying bills; finding Optimum store locations; viewing, rescheduling, and canceling service appointments; and contacting and providing feedback to Optimum.
- Restrictions on Use:
Subscriber agrees that his/her use of and access to the Optimum Support app shall only be for personal and noncommercial use. Subscriber agrees that s/he shall not use any software, system, device or other technology to enable the Optimum Support app to be used in any manner or for any other purpose other than as expressly permitted hereunder.
- Information Practices:
We will collect and use information regarding your use of the Optimum Support app and your device in accordance with these Terms and the Customer Privacy Notice and the Mobile Application Privacy Notice (collectively, the "Privacy Notices"). Nothing in the Privacy Notices shall be read to limit any use of information specifically authorized by these Terms. In the event of a conflict between these Terms and the Privacy Notices, these Terms shall control.
In order to use the Optimum Support app, you may be required to provide certain information that may include, among other things, your first and last name, your home address, your e-mail address, your telephone number, your account number, your payment card or banking information, and your Optimum ID and Password. We may also automatically collect certain information, such as IP address, MAC address, device type, usage and geolocation, in order to provide you services and improve your service experience.
You agree that in addition to using your information to perform certain self-care Customer Service and Support functions, Optimum may use your information for other business purposes, in accordance with the Privacy Notices, including but not limited to, protecting the security of users, detecting and preventing fraud, and marketing and promoting our services or third party services to you. Sometimes, Optimum may provide access to your information to select third parties, including its agents and service providers to assist in providing services or for other legitimate business purposes, such as payment card processing companies to complete your payment transactions. Optimum may also provide its affiliates with access to your information. You acknowledge and agree that Optimum may disclose your information to certain third party partners and your information will be used by them in accordance with their own privacy practices.
- Limited License:
Optimum hereby grants to you a non-exclusive, non-transferable, limited license to download, install and use the Optimum Support app on your device. All rights not expressly granted in these Terms are reserved. The 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 the Optimum Support app.
- Proprietary Rights:
Optimum shall have sole and exclusive ownership of all right, title, and interest in and to the Optimum Support 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 the Optimum Support app, but only a right of limited use.
- Limitations on Use:
You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the Optimum Support app or in any way derive from the Optimum Support app any source code. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Optimum Support app. Further, you may not, directly or indirectly, disclose, distribute or make commercial use of the Optimum Support app or incorporate the Optimum Support app into your products or software. You may not use the Optimum Support 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 Optimum Support app.
The App is only available to select Optimum Subscribers who have a valid Optimum ID and password to access the Optimum app functionality.
- Export Restrictions
You agree that you may not use or export the Optimum Support app (i) except as consistent with these Terms and applicable United States ("US") 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 Support app requires a mobile device. 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.
- WARRANTY DISCLAIMER.
OPTIMUM PROVIDES THE APP 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 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.
- Third Party Software:
You acknowledge that use of the Optimum Support 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.
- Third Party Beneficiary:
You understand and agree that Apple is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement.
Any questions or comments regarding the Optimum Support app should be directed to Optimum at 1111 Stewart Avenue, Bethpage, NY 11714 or (888) 822-5151.
- 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 the Optimum Support app and these Terms:
Subscriber agrees that Optimum may for any reason and without notice to Subscriber, modify or terminate the Optimum Support 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 the Optimum Support app. The Subscriber's continued use of the 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 the Optimum Support app.
Effective: August 1, 2022