Effective Date: 14 May 2018
This End User License Agreement (“EULA”) sets out the terms and conditions which govern the use of the Mavenir Systems, Inc. Service as defined herein. By installing, using, reselling or licensing the Service, you accept the Mavenir Connect User Terms and Conditions Version 1.0 dated _______ 2020 (which also includes Annex 1 (Acceptable Use Policy) and Annex 2 (Data Privacy Policy)) together the “Terms,” as herein set forth below:
Definitions:
The “Service(s)” is the Mavenir Connect Solution.
The “Customer” is the party entering into an agreement with the Provider, wherein Customer is granted a license to use the Service in accordance with the terms and conditions of such agreement (a Customer may include, but not be limited to a school district acting on behalf of its students and teachers) as authorized by same.
The “User” is you and you must be 18 or over to use the Service. Otherwise it may only be used with a consent of a parent or a guardian. (Users may include, but are not limited to, any students and teachers using the Service, or any other individual or entity authorized to use the Service via the web application.)
The “Supplier” is Mavenir Systems, Inc., with its principal place of business located at 1700 International Parkway, Suite 200, Richardson, TX 75081, and your use of the Service is subject to these Terms.
The “Provider” is the reseller of the Service to the Customer.
1. Users right to use the Service – Provider has enabled Supplier to grant User a personal, royalty-free, non-assignable and non-exclusive license to use the Service on the terms defined herein. Provider and/or Supplier may withhold, suspend or terminate availability of the Service at its discretion and without liability.
2. Permission and Charges – Prior to reselling or licensing the Service to Customer, Provider shall cause Customer to provide all requisite approvals and consents it has received from User to authorize further use of the Service. In addition, Provider shall pass through all Terms of this EULA to Customer and require Customer to agree to such Terms on a back to back basis. Users must always obtain permission from the owners of the devices used to download or stream the Service before each use. Users may be charged by service providers for use of the Service (i.e. for internet access, PSTN origination/termination and the like) and by registering, installing, accessing, or using the Service, Users accept responsibility in accordance with the terms of this EULA for the use of the Service regardless of device ownership.
3. All Intellectual Property Rights related to the Service are retained by the Supplier or its licensors. Neither Provider nor User may copy, modify, distribute, sell, or lease any part of the Service, nor may User reverse engineer or attempt to extract any source code.
4. All Content is the responsibility of the User. The Provider and/or Supplier may review and/or delete content and/or delete access to the System at its discretion and without liability. Users may not use content without permission from the content owner unless allowed to by law. The Acceptable Use Policy governing use of the Service is available at Annex 1 below and at mavenir.com.
5. Privacy Supplier’s Privacy Policy regarding the Service is available at Annex 2 and at mavenir.com. Additionally, the Provider and Supplier may use Content and/or User data identified in the Privacy Policy to create tailored offerings for Users from third parties. The Service does not provide access to emergency services or emergency services providers.
6. Warranties To the fullest extent permitted by law, the Supplier excludes all warranties and provides the Service “as is” with no warranty as to availability and/or interruption.
7. Liabilities & Indemnification Supplier shall not be responsible in any event for any lost profits, revenues, data, financial losses, indirect, special, consequential, exemplary, or punitive damages or losses. The total liability of the Supplier for any claims regarding use of the Service in any event is limited to the amount the User has paid the Supplier to use the Service.
The Supplier does not exclude or limit in any way its liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by the Supplier’s negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
Provider shall indemnify Supplier on demand from and against all losses, claims, liability, costs, damages, fines or expenses (including reasonable attorneys’ fees) incurred or suffered by Supplier as a result of a breach of any of the terms of this EULA by the Provider.
8. Support. If you have any problems using the Service, look at our support resources at www.mavenir.com . If you think the Service is faulty or wish to contact us for any other reason, please email tac@mavenir.com or call U.S tollfree +1-877-248-7103 or +1-714-709-4618.
9. Supplier may automatically update and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, Supplier may ask User to update Service for any reason. If User chooses not to install such updates or opt out of automatic updates, they may not be able to continue using the Service.
10. Terms By registering, installing, accessing, or using the Service, the User accepts these EULA Terms unconditionally. Supplier may modify the Terms at any time by notifying Users. Terms do not create any third-party beneficiary rights.
11. Law These Terms and use of the Service shall be governed by the laws of the State of Delaware, USA, and under the exclusive jurisdiction of the courts of the State of Delaware.
Annex 1 Acceptable Use Policy (“AUP”)
1. The User shall adhere to this AUP and ensure the Service is not used for any of the following;
a. gaining, or attempting to gain, unauthorized access to any other system or service;b. causing any unauthorized or unapproved modification of any other system or service;c. transmitting or storing material violating Intellectual Property Rights or applicable laws;d. violating the privacy rights of others;e. sending SPAM, or any unsolicited communications in violation of applicable laws;f. transmitting any material that is unlawful, obscene, harassing, libelous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;g. engaging in malicious or fraudulent activity;h. transmitting or storing material that in the reasonable judgment of the Supplier, exposes the Supplier to unreasonable risk of legal liability; ori. transmitting viruses or other harmful or malicious programs.
2. Users are prohibited from assisting any persons in engaging in any of the activities listed above. If the User or Provider becomes aware of any such activity the User shall promptly notify the Supplier at legalnotices@mavenir.com.
3. In addition, the User shall not;
a. reverse engineer, disassemble or decompile the Service;b. bypass security controls, including, without limitation, the installation of programs or services that allow the System to be managed or accessed through unauthorized means;c. gain, or attempt to gain, unauthorized access to networking, security, management, backup, storage or monitoring systems;d. install programs or configure systems to allow the monitoring, or “sniffing,” of data;e. access, or attempt to access, security-relevant information, such as password files that may, among other things, be used to gain unauthorized access to system accounts; orf. install or use software for the purpose of cracking encrypted data.
4. The User is responsible for any misuse of the Service. Supplier will fully cooperate with civil and criminal enforcement authorities conducting investigations of allegedly unlawful or prohibited use of the Service. Supplier may also investigate any suspected or alleged violation of this AUP.
5. In the event of breach of this AUP, Supplier, at its option, may immediately terminate or suspend the Service. In addition, Supplier has the right to seek legal remedies for any damages that may be incurred as a result of a violation of this AUP.
6. Supplier has no obligation to monitor, review, or edit any material and does not endorse or guarantee the accuracy or completeness of the information contained therein. Supplier reserves the right to amend, alter, or modify this AUP at any time.
Annex 2 Data Privacy Policy
Mavenir Connect Privacy Notice
We at Mavenir Systems, Inc. and our affiliates (“Mavenir”) respect your concerns about privacy. This Privacy Notice describes the types of personal information we obtain about users of our Unified Communications as a Service (“Mavenir Connect”) platform (“Platform”), how we use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard the personal information and how users may contact us about our privacy practices.
- Information We Obtain
- Information We Obtain By Automated Means
- How We Use The Information We Obtain
- Information We Share
- How We Protect Personal Information
- Children’s Privacy
- California Residents
- Other Online Services And Third-Party Features
- Updates To Our Privacy Notice
- How To Contact Us
- Children’s Privacy Notice
INFORMATION WE OBTAIN
When you use our Platform, we may obtain certain information about you, including:
- contact information, such as your name, email address and phone number;
- information about your employer or other organization with which you are affiliated, including name, contact information and location of the organization, and your department;
- login details used to access your account on platform (e.g., user name and password);
- account details, such as account name and number, account owner, personal meeting ID, photo, time zone, country and settings and preferences;
- information about your meetings, such as the name and duration of the meeting, the date and time the meeting was scheduled, and information about meeting participants (e.g., participant’s name and email address, the phone number a participant used to call into a meeting, and the times a participant joined and left a meeting);
- call records and history, such as the dates and times of calls, phone numbers of call participants, and the nature of the calls (e.g., incoming, outgoing or missed);
- chat history, and logs, such as dates and times of chats and information about participants (e.g., names and user names);
- information you elect to provide about your contacts and favorites, such as their names and contact information;
- information we obtain from third-party business partners or services if you choose to link your Platform account to these services (e.g., integrating your calendar or contacts from a third-party service like Microsoft Outlook); and
- other personal information you provide to us, including through your communications with us and feedback you provide (e.g., survey responses).
In addition, our Platform is designed to allow users to see, hear and talk to others from your computer or mobile device. To provide you with the Mavenir Connect Platform, and diagnose and troubleshoot any issues, we may obtain content (and related information) that is captured when using our Platform, such as live video or audio streams, images, chats and records exchanged in chats.
Information We Obtain By Automated Means
When you use our Platform, we may obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and cookies and may be used to transmit information collected through cookies back to a web server.
We may use these automated technologies on our Platform to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include your device IP address, identifiers associated with your devices, device type, web browser characteristics, device characteristics, clickstream data, actions taken, and dates and times you use or login into our Platform. These technologies help us (1) remember your information so you do not have to re-enter it; (2) track and understand how you use and interact with our Platform; (3) tailor our Platform to reflect your preferences; (4) measure the usability of our Platform and the effectiveness of our communications; and (5) otherwise manage and enhance our services, and help ensure they are working properly.
Our Platform is not designed to respond to “do not track” signals from browsers.
HOW WE USE THE INFORMATION WE OBTAIN
We may use the personal information we obtain about you through our Platform to:
- provide our services to you, including our Platform;
- establish and manage your account, and identify and authenticate you so you can use our Platform;
- personalize your experience with our Platform;
- process and fulfill claims and orders in connection with our Platform;
- communicate with you, provide customer support and respond to your inquiries;
- administer participation in surveys, contests, or other programs;
- send you promotional communications and offers;
- allow you to interact with certain third-party services (for example, when you choose to link your Platform account to a third-party service);
- protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
- operate, evaluate and improve our Platform and services (including managing our Platform; enhancing and improving our Platform and services; managing our communications; analyzing our Platform and services; performing data analytics; and performing accounting, auditing and other internal functions);
- maintain and enhance the safety and security of our Platform and services, and prevent misuse; and
- comply with and enforce applicable legal requirements, industry standards, and our policies and terms of use.
We also may use the information in other ways for which we provide specific notice at the time of collection, and obtain consent to the extent required by law.
In addition, we may use third-party analytics services on our Platform, such as Google Analytics. The information we obtain through our Platform may be disclosed to or collected directly by these services. To learn more about Google Analytics, please visit https://www.google.com/policies/privacy/partners/.
INFORMATION WE SHARE
We share the information we obtain about you with our affiliates and subsidiaries. We also share the information we obtain about you with service providers and other entities to perform certain services on our behalf. We do not authorize our service providers to retain, use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
In addition, we may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent.
We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).
HOW WE PROTECT PERSONAL INFORMATION
We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
CHILDREN’S PRIVACY
We recognize the importance of protecting children’s online privacy. As part of our partnership with schools to provide virtual learning services, our Platform may be used by students, including students under the age of 13. Outside of our school partnerships, we do not knowingly solicit or collect personal information from children under the age of 13. Please refer to our Children’s Privacy Notice at the end of this Privacy Notice for information about how we handle the personal information of students under the age of 13 who use our Platform in connection with our school partnerships.
CALIFORNIA RESIDENTS
If you are a California consumer, for more information about your privacy rights, please see the section of this Privacy Notice called “California Consumer Privacy Statement.”
OTHER ONLINE SERVICES AND THIRD-PARTY FEATURES
For your convenience and information, our Platform may provide links to other online services, and may include third-party features such as apps, tools, widgets and plug-ins. For example, you may be able to link your Platform account to a non-Mavenir service. These online services and third-party features may operate independently from us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, we are not responsible for these third parties’ information practices.
UPDATES TO OUR PRIVACY NOTICE
This Privacy Notice may be updated periodically to reflect changes in our information practices. We will indicate at the top of the Privacy Notice when it was most recently updated.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Notice, please email us at US-privacy-inquiries@mavenir.com
CHILDREN’S PRIVACY NOTICE
This Children’s Privacy Notice explains our information practices with respect to personal information we obtain online from students under the age of 13 through our partnerships with schools to provide virtual learning services.
Information We Obtain From Children
When children use our Platform, we may obtain certain information, including:
- contact information, such as the child’s name, email address and phone number;
- information about the child’s school, including name, contact information, and location of the school;
- login details used to access the child’s account on the Platform (e.g., user name and password);
- account details, such as account name and number, account owner, personal meeting ID, photo, time zone, country, and settings and preferences;
- information about the child’s meetings, such as the name and duration of the meeting, the date and time the meeting was scheduled, and information about meeting participants (e.g., participant’s name and email address, the phone number a participant used to call into a meeting, and the times a participant joined and left a meeting);
- call records and history, such as the dates and times of calls, phone numbers of call participants, and the nature of the calls (e.g., incoming, outgoing or missed);chat history and logs, such as dates and times of chats and information about participants (e.g., names and user names)
- content (and related information)that is captured when using our Platform, such as live video or audio streams, images, chats and files exchanged in chats;
- information the child elects to provide about his or her contacts and favorites, such as their names and contact information;
- information about the child’s device, including IP address, device type, web browser characteristics, device characteristics, clickstream data, actions taken, dates and times used or login into the Platform, and other device identifiers; and
- other personal information the child provides to us, including through communications with us and feedback provided to us (e.g., survey responses).
How We Use The Information We Obtain from Children
We may use the personal information we obtain about children through our Platform to:
- provide our services, including our Platform;
- establish and manage the child’s account, and identify and authenticate the child so the child can use our Platform;
- communicate with the child, provide customer support and respond to the child’s inquiries;
- administer participation in surveys, contests, or other programs;
- protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
- operate, evaluate and improve our Platform and services (including managing our Platform; enhancing and improving our Platform and services; managing our communications; analyzing our Platform and services; performing data analytics; and performing accounting, auditing and other internal functions);
- maintain and enhance the safety and security of our Platform and services, and prevent misuse; and
- comply with and enforce applicable legal requirements, industry standards, and our policies and terms of use.
Information Children Are Able to Make Publicly Available
Our Platform is designed to allow users to see, hear and talk to others from your computer or mobile device. When children use the Platform, they are able to make their personal information publicly available by:
- hosting a meeting on the Platform;
- participating in a phone call on the Platform;
- using the Platform’s chat functionality;
- requesting customer support; or
- otherwise using the Platform to communicate with others.
Information Mavenir Shares About Children
We may share personal information about children with:
- our affiliates and subsidiaries; and
- service providers and other entities who perform services on our behalf. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.
In addition, we may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; or (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with consent.
We reserve the right to transfer any personal information we have about children in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).
Third-Party Operators
The following third-party operators may collect personal information from children through our Platform:
- Google, for Google Analytics
- Zendesk, for Zendesk Guide (online help center)
Please contact us at the mailing address, email, or phone number listed at the end of this Children’s Privacy Notice with questions about the operators’ privacy policies and data collection and use practices.
Parental Rights
As a parent or guardian of child user of Mavenir Connect, you have the right to review or have your child’s personal information deleted. You may also refuse to permit further collection or use of the child’s information. To do so, please contact your child’s school to request access to your child’s personal information or to request that it be deleted. School administrators can facilitate a parent’s access to and deletion of personal information by using the controls on our Platform. If a parent wishes to stop any further collection or use of their child’s personal information, the parent can request that the school administrator use the appropriate Platform controls to limit the child’s access to certain Platform features, or if this is not feasible, delete the child’s account entirely.
Children’s Privacy Notice: www.mavenir.com/connect-childrens-privacy-notice
Contact us:
Mavenir Systems, Inc.1700 International Parkway, Suite 200Richardson, Texas USA 75081