ZenKey by Verizon Terms of Service and end user license agreement

These Terms of Service (“Terms”) form a legally binding agreement between you as our Customer (“You” or “Your”) and Verizon wireless (“Verizon”, “We” or “Us”). They set forth the terms and conditions under which You agree to use the ZenKey powered by Verizon app (the “App”). Verizon may make updates to these Terms at any time by posting them so you should check regularly for updates. Use of the App is also subject to Your Customer Agreement, including the dispute resolution provisions. By continuing to use the App after we have notified You of changes, You agree to accept those changes. If at any time after reviewing or using the App You wish to terminate such use or these Terms, You must uninstall and remove the App from Your Device, and delete any copy in Your possession. This agreement will automatically terminate if You are not, or are no longer, a Verizon subscriber.

1. THE APP. The App will allow You to authenticate Your identity to a participating Service Provider (SP). More specifically, the App will allow the SP to verify that certain actions are originating on Your mobile phone. If You register the App with an SP, then when You login to the SP's app or website on Your mobile phone, You will be given a choice to login with ZenKey by Verizon. In addition to providing a convenient way to log in to Your SP's app or website, You may also choose to use the App for additional authorization. For example, if You instruct Your bank to make a money transfer, Your bank may request that You enter Your ZenKey PIN or use fingerprint or other biometric authorization in order to get stronger verification that You, and not a fraudster, are the person requesting the transfer.

Without prejudice to any other rights that Verizon may have, Verizon reserves the right and sole discretion to change, update, limit, modify, or temporarily cease to provide the App or any part or feature at any time to any user or group of users, without prior notice and for any reason or no reason.

In the event You or Verizon terminate the Agreement (or if Verizon terminates the App), You must immediately stop using it.

2. PERSONAL AND ACCOUNT/DEVICE INFORMATION. Once you download the App, you will create your account by first providing your existing Verizon password. If you don’t already have a password, you can create one (which you will then be able to use to log into your Verizon account). In connection with Your installation and setup of the App, Verizon will request certain personal information about You, which will include Your first and last name, mobile telephone number, zip code, and email. You may be given the option to store additional information. With regard to the personal information requested by Your SP, You will be in control of precisely which data elements will be disclosed to Your SP. For example, You will be asked to approve the sharing of Your personal information, which may include Your name, email, phone number, and zip code, with Your bank, before Verizon shares Your information with Your bank. You will be given the opportunity to turn on or off personal information elements as well before approval. Verizon will only share the personal information that you approved. Your SP may require certain data elements in order to login or perform certain transactions (for example, Your email address), and if You decline to disclose those data elements to Your SP, Your SP may decline to permit You to login or to perform those transactions through the App. Once the information has been disclosed to Your SP, the SP may use your information for other purposes subject to the terms of Your agreement with Your SP and the SP privacy policy.

Verizon also collects account and device information that uniquely identifies Your mobile device and the SIM with which it is associated. In connection with the App services, Verizon may share this account and device information with SPs registered with the App for the purpose of helping verify your Identity and help protect you against fraud, identity theft, and account takeover. With regard to your account and device information, once You register the App with an SP, Your account and device information and any changes to it may be shared with that SP. Information will not be shared by Verizon for any purpose other than providing You with the fraud protection enabled by the App's services. If you no longer want account and device information to be shared with an SP, you must unlink the SP within the App.

Any information disclosed by You to Verizon through the App as well as account and device information used by the App will be maintained in accordance with the App Privacy Statement and Verizon’s privacy policy located at https://www.verizon.com/about/privacy/ It is important to note that Verizon may offer other services, such as Verizon’s Identity Verification Services, to protect you from fraud and any action in connection with the App will not affect those other services. Your options with respect to these other programs, such as the Identity Verification Services, can be found in Verizon’s privacy policy.

3. NO RESPONSIBILITY FOR SP SERVICES. Although We provide the opportunity for You to interface to SPs, You acknowledge that SPs that You connect to Your account or interface with the App and the products and services they provide are not Verizon products, and. Your use of SP services is governed by separate terms of use set by the SPs, including the SP privacy policies. Verizon may review an SP prior to permitting their use of Zenkey and Verizon reserves the right in its sole discretion to restrict or deny access to any SP otherwise accessible through the App. However, Verizon makes no representation or warranty about any SP. Verizon is not responsible for Your use of any SP services or any personal injury, death, property damage (including, without limitation, to Your home), or other harm or losses arising from or relating to Your use of any SP Services. You should contact the SP for customer service, repairs, questions or other support regarding the SP Services.

4. ACCOUNT SECURITY. You are solely responsible for any use of the App (including any use by anyone to whom You have provided access to Your devices, the App) on any devices. We expressly disclaim any liability for damages You may incur in connection with any unauthorized use. To help reduce the possibility of unauthorized use, We strongly recommend implementing security measures, such as utilizing encryption on Your devices, and using a screen lock or a unique password that others won't easily guess, on any device from which You plan to use the App and/or the Service. Do not record Your ZenKey PIN or ZenKey recovery codes in a place where an unauthorized person can find it.

5. SOFTWARE. The App includes software that is owned by us, our affiliates, or third-party licensors ("Software"). We may update the Software from time to time and Your failure to install any update may affect Your use of the App and/or use of the Software. You may use the Software only as part of, or for use with, the App, as authorized in these Terms. Subject to these Terms, We grant You a limited, revocable, non-exclusive, non-transferable license to use the App and the Software solely as authorized under Your data plan and the Customer Agreement.

You agree to follow all rules and policies applicable to the App, including the installation of required or automated updates, modifications and/or reinstallations of Software and obtaining available patches to address security, interoperability and/or performance issues. Please also see the “Data Services” section of the Verizon Wireless Important Plan Information document located at https://www.verizonwireless.com/support/important-plan-information/ to learn more about permitted and prohibited data uses.

This License applies only to the functions of the App which consist of Initial Setup of the App, the process by which You register usage of the App with an SP, the process by which You login to Your SP's app, and the process by which You provide any additional authorization to Your SP through the App, and the process by which You manager Your ZenKey account.

ZenKey includes third party software subject to open source license terms, a list of which you can view at https://www.verizon.com/support/residential/internet/equipment/open-source-software. Your right to use this software is subject to the terms and conditions of any applicable open source license. If there is a conflict between these Terms and that license, the license terms will control.

All rights regarding use of the App and Software not expressly granted in these Terms are reserved by us and/or any of Verizon’s third-party licensors.

6. RESTRICTIONS ON USE. The App is intended for Your personal use only. You may download and use the App only if You can form a binding contract with Verizon and You are not a person who is barred from downloading or using the App by laws of the United States or any other applicable jurisdiction.

You will not and will not allow or help any third party to use the App in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right or discloses a trade secret or confidential information. ; You will not and will not allow or help any third party to misuse the App, including, without limitation, using it in any manner that: (a) interferes with or interrupts it or any hardware, software, system or network connected with it; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses it on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of it or any other computer software or hardware. You will not and will not allow or help any third party to (a) adapt, alter, modify, copy (or otherwise reproduce the App or Software in whole or in part) (b) reverse engineer, de-compile, disassemble, translate, or otherwise attempt to derive source code from or create derivative works of the App or Software, (c) tamper with or modify any security features or other Service components for any reason (c) provide, lease, resell, make available, distribute, loan or lend the Service in whole or in part to any third party; (d) remove, obscure, or alter any proprietary notices or labels; (e) use the Service for any unlawful or fraudulent purpose including but not limited to harvesting or collecting information about others (or attempting to) or misrepresenting your identity;

7. OWNERSHIP RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the App are respectively Verizon’s and our third-party licensors’ exclusive property, and all such rights not expressly granted to You herein are reserved and retained by Verizon and our third-party licensor(s), as applicable. If You submit comments or ideas about the App, including ways to improve it or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Verizon or Verizon’s third-party licensor(s) under any fiduciary or other obligation, and We are free to use the Ideas without compensation and/or to disclose the Ideas to Verizon’s third-party licensor(s) on a non-confidential basis. You further acknowledge that neither Verizon nor Verizon third-party licensor(s), by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Verizon or Verizon’s third-party licensor(s) employees or obtained from sources other than You. 

8. DISCLAIMER OF WARRANTIES. THE APP AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER US, OUR PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, CONTRACTORS, AND AGENTS (TOGETHER, THE "VERIZON PARTIES"), INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE VERIZON PARTIES AND ANY THIRD PARTY MOBILE APPLICATION STORE OPERATORS FROM WHICH YOU DOWNLOAD THE APP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR DAMAGES OF ANY KIND OR ANY SECURITY ISSUES THAT MAY RESULT FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THE VERIZON PARTIES SHALL CREATE ANY WARRANTY HEREUNDER.

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE VERIZON PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. INDEMNIFICATION. You agree to indemnify, defend and hold the Verizon Parties harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of the App; (b) Your alleged or actual breach of these Terms; (c) Your alleged or actual violation of applicable rules, laws or regulations; (d) Your negligence or willful misconduct; or (e) Your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense. You will promptly notify Us of any claim related to your use of the App.

11. GENERAL PROVISIONS 
a) All obligations of the parties under these Terms, which, by their nature, would continue beyond the termination of these Terms, including without limitation, those relating to Limitation of Liability (Section 11) and Indemnification (Section 12) shall survive such termination.
b) You may not assign or otherwise transfer these terms or Your rights or obligations under them, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of these Terms with or without.
c) Failure at any time to insist upon strict compliance with any of the provisions of these Terms shall not be construed to be a waiver of such provisions in the future. If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
d) These Terms constitute the entire agreement between You and Verizon with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by You to these Terms (other than Your actual or deemed acceptance of updates to these Terms pursuant to Section 1) shall be effective unless agreed to in a writing signed by an authorized person at Verizon.