AT&T Application End User License Agreement

Print

AT&T Application End User License and Service Agreement (iPhone and Android)

Please read this End User License Agreement (“License”) carefully before selecting the “accept” button or downloading, installing, or using the AT&T software Application (“Application”) accompanying this License. The License requires you and AT&T to resolve disputes through binding arbitration on an individual basis rather than jury trials or class actions. By selecting the “accept” button or by downloading, installing, or using the Application, you are agreeing to the terms of this License.

If you do not agree to the terms of this License, do not select the “accept” button or download, install or use the Application.

1. Definitions.

The terms “Application” and “App” each mean the Application accompanying this License and any updates of the application by AT&T. The terms “you” and “your” refer to an individual who downloads or uses the App and any person or entity represented by that individual. “Device” means a wireless handset, tablet, or other equipment owned or controlled by you and used in connection managing or receiving a Service. “Service” means mobility, internet, or other service from AT&T or its authorized third party. The term “App Services” means the Services that require the App to be installed on your or your Family Member’s Device to receive the Services. “Account Owner” means an account holder of a Service who is 18 years of age or older and manages the App’s use in connection with the Service. “Family Member” means an individual other than the Account Owner set up in the App as a user of a Service.

2. General.

The Application is owned by AT&T Mobility LLC (“AT&T”, “We”, “Our” and “Us”) and licensed, not sold, to you by AT&T in accordance with the terms of this License.

You acknowledge that you have read and understand this License and agree to its terms.

You acknowledge that you are 13 years of age or older.

If you are the Account Owner, you agree to this License on behalf of your Family Members, represent and warrant that you are authorized to do so, and agree to notify them of this License and any disclosures.

You agree to abide by the AT&T acceptable use policy at https://www.att.com/legal/terms.aup.html, which is incorporated herein by reference.

You agree to abide by the third-party terms that apply to the download of the App from iTunes, Google Play or other distribution means.

You agree that the information you provide to Us about you and your Family Members is true and accurate and that you are authorized to provide Us this information and to use the App to monitor and manage use of Services and Devices, including by your Family Members. You are responsible for explaining to any Family Member any limitations you impose using the App on such Family Member’s ability to access and use Services, such as blocking or unblocking of calls from certain callers.

If you are the Account Owner, to set up and use the App you must provide information about your Family Members and their Devices, and consent to Our collection of this information through the App, including but not limited to personal information of your Family Members.

You authorize Us to request and collect information we consider necessary for you to set up and use the App, including information to validate your identity, the identity of your Family Members, or others using the App. In the event we do not receive all required information, some of which may include personal information, you agree that We, at our sole discretion, may refuse to allow you or your Family Members to use the App, App Services, or any of their features.

If you sell or transfer your Device to a third party, you must remove the App from the Device before doing so.

3. License Grant and Restrictions on Use.

3.1 License Grant.

AT&T grants you and your Family Members a revocable, non-exclusive, non-transferable, non-sublicensable right to install and use the App on a Device, or in connection with Services in accordance with the terms of this License. If you are a legal entity responsible for provisioning the App across several authorized corporate-responsibility users of that entity, this License extends to one copy per authorized Device, as expressly permitted in your applicable business agreement. No other rights are granted by AT&T. Excluding software owned by third parties, you agree that the App and all intellectual property rights associated therewith are owned by AT&T.

3.2 Third Party Software. The App may utilize or include open-source software and other software owned and licensed by third parties (“Third-Party Software”). You acknowledge and agree that your right to use Third-Party Software as part of the App is subject to and governed by the terms and conditions of the third parties’ licenses applicable to such Third-Party Software. In the event of a conflict between the terms of this License and a third party’s license, the terms of the third party’s license shall control with regard to Your use of the relevant Third-Party Software.

3.3 Restrictions on Use.

You and your Family Members shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (b) modify, adapt, translate or create derivative works from the App; (c) use the App to violate any laws, rules, or regulations, or infringe upon third-party rights; (d) remove, alter, or obscure proprietary notices; (e) use the App for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) copy the App installed on your Device and install the copy to any other wireless handsets, tablets, or other equipment; (g) distribute the App to others or make the App available to others from a server, over a network or via another environment; (h) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product, or software offered by AT&T; (i) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing, or distribution of any applications or other products; or (k) disclose the results of any benchmark test using the App to any third party.

4. Subscription Features and Failure to Pay

Certain features of the App or App Services may be made available on a service subscription basis only (“Subscription Features”). If a subscription fee applies, such Subscription Features are provided to you for a monthly subscription term specified at the time you place your order for the Subscription Features (the “Subscription Term”) and will automatically renew for additional periods of the same duration unless you cancel your subscription. The steps to cancel will depend on Your billing provider:

  • If AT&T bills You: You can cancel the subscription directly in the App or by contacting AT&T directly, which you may do by dialing 611 from your mobile Device.
  • If Apple bills You: You can cancel the subscription through Your Apple account.
  • If Google bills You: You can cancel the subscription through Your Google account.

With respect to Subscription Features, the rights granted to you under this License are subject to Our receipt of payment of the applicable fees (either directly from you or from the software applications distributor from whom you acquired the App) and end when your Subscription Term is cancelled or terminated.

If you fail to timely pay any applicable fee, if We are unable to process your payment, or if We do not receive Our corresponding payment from the distributor from whom you purchased a subscription for Subscription Features, AT&T at its option may suspend or terminate your right to use the Subscription Features without liability. Regardless of such termination or suspension, you will be responsible for paying all past due fee amounts.

5. Performance.

The App and App Services are not guaranteed to be completely accurate and may, among other things, miscalculate usage, inadvertently block wanted calls or texts, misidentify some calling numbers as spam or fraud risk, not detect or notify you of all instances of an out-of-date operating system, malware, viruses, suspicious website, other potentially malicious or harmful code or applications on your Device, or guarantee complete security of your data from vulnerabilities, including unsecured application web and application data traffic over open (unencrypted) Wi-Fi hotspots you may choose to use.

We protect your personal information according to the AT&T Privacy Notice and do not share your passwords with anyone. While We try to keep your passwords safe, absolute security cannot be guaranteed. You are responsible for using the App and Services correctly and keeping your Device secure. You agree not to share your password or other credentials for logging into the App with anyone, including AT&T customer support or its vendors if you need help with the App. If you lose or forget it, AT&T and its vendors cannot help you recover your information because they do not have access to your password due to the encrypted nature of the App. You acknowledge that AT&T and its vendors have no technical ability or obligation to recover your data in such a case.

6. Use of Information.

6.1 Consent to Use Information.

You hereby authorize and consent to the collection, storage, and use, by AT&T and its affiliates, partners, suppliers, agents, subcontractors, and licensors of any information and data related to or derived from your use of the App or App Services, and any information or data that you provide (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, prompts, chat entries, chat responses, inquiries, patterns, data, and suggestions by or to user or based on user actions. Notwithstanding the foregoing, the Information shall not include any information or data that is personally identifiable to you. The Information will be treated as being non-confidential and non-proprietary, and AT&T assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We are also free to use the Information and any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products and services.

6.2 Privacy Notice.

You represent that you shall comply with the terms and conditions of the AT&T Privacy Notice, which sets forth and describes the practices of AT&T with respect to the collection, use, and disclosure of Information in connection with your use of the App and App Services. AT&T reserves the right to change the provisions of its Privacy Notice at any time and from time to time at its sole discretion. AT&T will post any changes to its Privacy Notice at AT&T Privacy Notice. Your use of the App and App Services following the posting of such changes to the Privacy Notice will constitute your acceptance of any such changes.

6.3 Consent for Use of Information in Connection with Call, Text and Data Features.

The App and App Services enable call, text and data features that may include but not be limited to call routing, call summary, call blocking, call monitoring, spam risk call labeling, text blocking, spam text filtering, reverse number lookup, caller ID, device security alerts, device scan, breach report alerts, public Wi-Fi protection, home security alerts, safe browsing, safe banking, safe shopping, password management, identity monitoring, and social media identity protection (collectively “Advanced Features”).

To perform and improve the functions of the App and App Services for you and all users, including but not limited to the Advanced Features, AT&T, its pertinent suppliers and their subsidiaries, agents and subcontractors may collect, maintain, process, use and/or disclose (a) diagnostic, technical, usage and related information including, but not limited to, information about the type of Device you are using and the operating system or Services you are running, your applicable wireless network provider/carrier, the applications and files present on your Device and SD memory card, the results of any scans performed by the App and App Services, and actions you take as a result of any virus or malware notifications, (b) your personal information, including without limitation mobile number, contacts/address book, the presence or absence of calling party phone numbers in your Device address book, and App and App Services usage information, such as which numbers you report and/or manually block within the App, and (c) information regarding your AT&T wireless account, including call detail information. Call detail information may include inbound and outbound phone calls, calling and called numbers, time, and duration of calls, and whether you answer or end those calls. The contact names and phone numbers in your Device address book are not shared for any purpose other than improving your experience with the App and App Services by helping you to recognize known callers. The foregoing information includes information about how the App and any associated service applications behave on your Device and the Services with which applications installed on your Device communicate in order to determine if any applications are behaving maliciously (for example, is an application accessing your address contacts, sending premium-rate text messages that charge money to your wireless bill, or communicating with a server known to host phishing websites).

Your account information and other information we collect about Services you purchase from Us is considered customer proprietary network information (CPNI).

You have the right to restrict the use and disclosure of your CPNI, and AT&T has a duty to protect the confidentiality of your CPNI. Restricting the use of your CPNI will not affect any Service(s) to which you currently subscribe, except it may prevent you from being able to use any Advanced Feature that relies on CPNI to perform. Your CPNI authorization is effective until you revoke it, which you may do by cancelling the applicable Advanced Feature.

6.4 Location Services.

Your Device or a Family Member’s Device may be capable of accessing and processing data to indicate a Device’s location. For example, such data may rely on network information, GPS, Wi‑Fi access points, or Bluetooth signaling. If you give the App permission to use or access location data for your Device or a Family Member’s Device, you consent to the App’s using or accessing location data to display or deliver location‑based communications or information, including Device mapping for your Device or a Family Member’s Device or offers and promotions from participating venues, events and retail locations proximate to you with your Device. If you deny or revoke location permissions, the App’s location‑based features will be unavailable. The App does not independently determine location. The availability and operation of the App’s location-based features depend on a Device’s operating system, its settings, and network or environmental conditions outside the App’s control. Location information provided through a Device’s operating system may be imprecise, unavailable, delayed, or inaccurate due to environmental, technical, or network factors, including GPS or network capabilities, buildings, weather, landscape, available data, and atmospheric conditions. AT&T disclaims any warranties regarding the accuracy, timeliness, or reliability of location data, and may modify, suspend, or discontinue location‑based features in whole or in part at any time without liability. You are responsible for managing your Device and App settings, including enabling or disabling location services.

6.5 Push Notifications.

The Application uses your Device’s push notifications feature. A push notification is a message displayed outside of the App’s normal user interface without you having to tap the App icon. Push notifications may occur whether or not you are currently logged in to and/or using the App, and whether or not your Device is in locked and/or sleep mode. If you enable push notifications at the operating system level and/or within the App, you consent to the App and App Services delivering notifications, which may include messages, sounds, and links to in‑App pages or websites. Push notifications may be triggered based on your Device’s location, time, or other operating system signals. If you give the App and it Services permission to access your Device’s location data, but disable push notifications, you may not receive such location‑triggered communications. AT&T may limit, modify, suspend, or discontinue push notifications or their number or frequency, in whole or in part, at any time without liability. To the maximum extent permitted by law, We, Our providers, and Our affiliates will not be liable for any damages arising out of or related to the availability, accuracy, timeliness, or delivery of push notifications, including missed, delayed, duplicative, or erroneous notifications or offers, or any unavailability of goods or promotions referenced in notifications. You are responsible for managing your Device and App settings, including enabling or disabling push notifications, and for any data or messaging charges imposed by arising from the use of these features.

7. Third Party Content and Services.

7.1 General.

You acknowledge that the App and App Services may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors, and other third parties (“Third-Party Content and Services”).

7.2 Disclaimer.

You acknowledge that AT&T does not investigate, monitor, represent, or endorse any Third-Party Content and Services (including any third-party websites available through the App and App Services). Furthermore, your access to and use of the Third-Party Content and Services is at your sole discretion and risk, and AT&T and its affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third-Party Content and Services, your transaction of business over the Internet and with any third party that created or provided the Third-Party Content and Services, and the presence of information about or links to such third parties.

7.3 Third Party Content and Services.

You acknowledge and agree that your access to and use of any Third Party Content and Services and any correspondence or business dealings between you and any third party located using the App and App Services are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third-Party Content and Services and any related third-party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. Furthermore, you acknowledge and agree that the terms of this License do not grant you a license to (i) the Third-Party Content and Services; (ii) any products, services, processes, or technology described in or offered by the Third-Party Content and Services; or (iii) any intellectual property right in the Third-Party Content and Services.

7.4 Endorsements.

You acknowledge and agree that the provision of access to any Third-Party Content and Services shall not constitute or imply any endorsement by AT&T or its affiliates of such Third-Party Content and Services. AT&T reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the App and App Services, although AT&T has no obligation to restrict or deny access even if requested by you.

7.5 Inappropriate Materials.

You understand that by accessing and using the Third-Party Content and Services, you may encounter, and AT&T shall have no liability for, information, materials, and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material.

8. Term and Termination.

This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you and your Family Members hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by AT&T. Upon the termination of this License, you and your Family Members shall cease all use of the App and uninstall the App. If at any time you wish to terminate use of the App or this License for a Device, you must un-install and remove the App from the Device.

9. Disclaimer of Warranties.

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES REGARDING THE APPLICATION AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AT&T OR FROM THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT AT&T AND OTHERS HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION OR THIRD-PARTY CONTENT AND SERVICES. ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL AT&T OR ITS AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AT&T WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AGGREGATE LIABILITY OF AT&T TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification.

You shall indemnify, defend, and hold harmless AT&T and its affiliates, partners, suppliers, and licensors, and each of their respective officers, directors, agents, and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the App, App Services, or Third-Party Content and Services; (ii) your breach of this License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

12. Dispute Resolution.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

12.1 Summary:

This part of the Agreement outlines how disputes between you and AT&T will be resolved through our informal dispute resolution process, individual arbitration, or small claims court. The informal dispute resolution process gives you the opportunity to explain what happened to someone in, or working with, our legal department. Under the terms of this Agreement, AT&T is encouraged to resolve issues early, without going any further.

An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award, but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and it is subject to very limited review by courts. You and AT&T agree that arbitration will take place on an individual basis. Class arbitrations, class actions, and representative actions are not permitted. This means that you and AT&T will neither file a lawsuit (in any court other than a small claims court), nor pursue or participate in an action seeking relief on behalf of others.

While subsection 12.2 lays out the specifics, here are the steps you would take to resolve a dispute:

  • Contact customer service. We encourage you to give customer service a call first. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. Check out att.com/contactus to find the right service or product team for your issue.
  • You choose. If you aren’t satisfied after talking to customer service, you can choose to file your individual claim in small claims court or send us a Notice of Dispute, which is required before starting arbitration.
  • Let’s work it out. If you decide not to go to small claims court, start the informal dispute resolution process by sending a Notice of Dispute to our legal department, which you can complete and send online. You and AT&T agree to give each other at least 60 days to share information and try to reach an agreement. (We’ll use the same process if we have a dispute with you.) At your or our request, we’ll schedule an Informal Settlement Conference to try to reach an agreement by phone or videoconference.
  • Pursue an arbitration. If the dispute still isn’t resolved, you can pursue an individual arbitration. The nation’s largest non-profit arbitration provider, the American Arbitration Association (AAA), will administer the arbitration and select the neutral arbitrator, with input from both you and AT&T. Some things to keep in mind:
    • AT&T will usually pay all of the arbitration fees (with some exceptions).
    • Any hearings will be in the same county as your billing address, or they might be held by phone or videoconference.
    • In some cases, if you win, we will pay double attorney’s fees (if any) and a minimum of $10,000.

There are special rules for coordinated (or mass) arbitrations, where the same lawyers or a group of coordinated lawyers seek to file 25 or more similar arbitrations. If you choose to be part of those proceedings, the cases will proceed in stages, so it might take longer to arbitrate your dispute than it would otherwise.

12.2 Arbitration Agreement

12.2.1 Claims Subject to Arbitration:

To the fullest extent permitted by the FAA, AT&T and you agree to arbitrate all disputes and claims between you and AT&T, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted under federal arbitration law. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
  • claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims for mental or emotional distress or injury not arising out of bodily injury;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

References in Section 12 to “AT&T” or “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as AT&T’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns. References in Section 12 to “you” include your past, present, and future parents, subsidiaries, affiliates, related entities, agents, employees, predecessors in interest, successors, and assigns; and all authorized or unauthorized users or beneficiaries of AT&T Services or products under past, present, or future Agreements between you and AT&T.

Small Claims Option. Despite this arbitration provision, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or AT&T may bring or elect to have the claims heard in small claims court on an individual basis, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. 

This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Those agencies can, if the law allows, seek relief against us on your behalf. By entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision will survive termination of this Agreement.

12.2.2 Pre-Arbitration Informal Dispute Resolution Process:

Customer service is available to help and usually can resolve any concerns you may have. If that does not work, the first step in the dispute resolution process is to send a written Notice of Dispute (“Notice”). (We’ll also send you a Notice to your billing address if we have a dispute with you.) You may download the Notice form at att.com/arbitration-forms. The Notice to AT&T may be sent by U.S. mail or professional courier service to Legal Department - Notice of Dispute, AT&T, 208 S. Akard, Office #2900.13, Dallas, Texas 75202 (the “Notice Address”), or, alternatively, submitted electronically by following the instructions at att.com/noticeofdispute. The Notice must include all of the information requested on the Notice form, including: (a) the claimant’s name, address, and phone number; (b) the Account number at issue; (c) the services (if any) to which the claim pertains; (d) a description of the nature and basis of the claim or dispute; and (e) an explanation of the specific relief sought and the basis for the calculations. The Notice must be personally signed by you (if you are the claimant) or by an AT&T representative (if we are the claimant). To safeguard your Account, you might be required to provide both your authentication and consent for us to discuss your Account or share your Account information with anyone but you, including an attorney (“Authentication and Consent”).

Whoever sends the Notice must give the other party 60 days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or AT&T may request an individualized discussion (by phone call or videoconference) regarding settlement (“Informal Settlement Conference”). You and AT&T must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and an AT&T representative must personally participate, unless otherwise agreed in writing. Your and AT&T’s lawyers (if any) also can participate.

Any applicable statute of limitations or contractual limitations period will be tolled for the claims and requested relief in the Notice during the “Informal Resolution Period.” The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party, and the later of (1) 60 days later or (2) the date the Informal Settlement Conference is completed, if timely requested.

Any arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended. (Subsection 12.2.7 contains additional requirements for commencing certain coordinated arbitrations.) All of the pre-arbitration dispute resolution requirements are essential so that you and AT&T have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the AAA may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed.

12.2.3 Arbitration Procedure:

You may download a form to initiate arbitration at att.com/arbitration-forms. In addition, information on how to commence an arbitration proceeding, including how to file a consumer arbitration online, is at adr.org/support. A copy of the arbitration demand must be sent to AAA and the Notice Address, and a copy of the Notice must be attached to your arbitration demand.

The arbitration will be governed by the then-current Consumer Arbitration Rules (“AAA Rules”) of the AAA, as modified by this arbitration provision, and will be administered by AAA. (If AAA refuses to enforce any part of this arbitration provision, you and AT&T will select another arbitration provider. If there is no agreement, the court will do so.) The AAA Rules are available online at adr.org or may be requested by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.)

As in court, you and AT&T agree that any counsel representing someone in arbitration certifies that they’re complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

All issues are for the arbitrator to decide, except only a court can decide the following:

  • issues relating to the scope and enforceability of the arbitration provision, including which version applies,
  • whether a dispute can or must be brought in arbitration,
  • whether the AAA cannot or will not administer the arbitration in accordance with this arbitration provision,
  • whether subsection 12.2.2 has been complied with or violated for purposes of awarding relief under that subsection that a court can award, and
  • whether subsections 12.2.6, 12.2.7, or 12.2.8 have been complied with or violated.

The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers.

Unless you and AT&T agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is valued at $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator or through a telephonic, videoconference, or in-person hearing under AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by AAA Rules. During the arbitration, the amount of any settlement offers must not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or AT&T is entitled. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based. Except as provided in subsection 12.2.6 below, the arbitrator can award the same damages and relief that a court can award under applicable law.

12.2.4 Arbitration Fees:

We will pay all AAA filing, administration, case-management, hearing, and arbitrator fees if we initiate an arbitration. If you initiate arbitration of claims valued at $75,000 or less, we will pay those fees, so long as you have fully complied with the requirements in subsection 12.2.2. In such cases, we will pay the filing fee directly to AAA upon receiving a written request from you at the Notice Address or, if AAA requires you to pay the filing fee to commence arbitration, we will send that amount to AAA and request that AAA reimburse you. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the allocation and payment of all such fees will be governed by AAA Rules.

12.2.5 Alternative Payment and Attorney Premium:

If you fully complied with the requirements above in subsection 12.2.2 and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before the arbitrator was selected, then we will:

  • pay you the amount of the award or $10,000 (the “Alternative Payment”), whichever is greater; and
  • pay the attorney you retained, if any, twice the amount of attorneys’ fees and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably incurs for investigating, preparing, and pursuing your claim in arbitration (the “Attorney Premium”).

If we did not make a written offer to settle the dispute before the arbitrator was selected, and the arbitrator awards you any relief on the merits, you and your attorney will be entitled to receive the Alternative Payment and the Attorney Premium, respectively.

Disputes regarding the payment and reimbursement of attorneys’ fees, expenses, the Alternative Payment, and the Attorney Premium may be resolved by the arbitrator upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorneys’ fees and expenses is greater than the value of our last written settlement offer, the calculation will include only the reasonable attorneys’ fees and expenses you incurred pursuing this arbitration through the date of our settlement offer.

The right to the Attorney Premium supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this arbitration provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the Attorney Premium and a duplicative award of attorneys’ fees or expenses.

12.2.6 Requirement of Individual Arbitration:

The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and AT&T agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, private attorney general, or public injunction proceeding.

If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

12.2.7 Administration of Coordinated (Mass) Arbitrations:

If 25 or more claimants submit Notices or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not), all the cases must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of your claim. In the first stage, claimants’ counsel and AT&T will each select 25 cases (50 cases total) to be filed in arbitration and resolved individually by different arbitrators. If feasible, the arbitrators will be from the respective claimants’ home states. If there are fewer than 50 cases, all will be filed in arbitration. In the meantime, no other cases may be filed or proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining cases or administer or accept them.

The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining cases, and AT&T will pay the mediation fee. If the parties cannot agree how to resolve the remaining cases after mediation, they will repeat the process of selecting and filing 50 cases to be resolved individually by different arbitrators, followed by mediation.

If any claims remain after the second stage, the process will be repeated until all claims are resolved, with four differences. First, a total of 100 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the claimants.

Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with AAA regarding the amount or timing of AAA fees.

If this subsection applies to a Notice, the Informal Resolution Period for the claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce this subsection, including by enjoining the mass filing, the prosecution or administration of arbitrations, or the assessment or collection of AAA fees.

This subsection and each of its requirements are intended to be severable from the rest of this arbitration provision. If, after exhaustion of all appeals, a court decides that the staging process in this subsection is not enforceable, then the cases may be filed in arbitration and the payment of AAA filing, administration, case-management, hearing, and arbitrator fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when the arbitrations are initiated.

12.2.8 Future Changes to Arbitration Provision:

Notwithstanding any provision in this Agreement to the contrary, if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S. Mail within 30 days of the first notice of the change to Legal Department – Revised Arbitration Opt-Out, AT&T, 208 S. Akard, Office #2900.13, Dallas, Texas 75202. Include your name, address, phone number, account number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and AT&T in accordance with the language of this version of the arbitration provision.

12.2.9 Puerto Rico Customers:

For Puerto Rico customers, all references to “small claims court” in this arbitration provision should be understood to mean the Puerto Rico Telecommunications Regulatory Board.

12.3 Forum Selection:

Unless you and AT&T agree otherwise, to the greatest extent permitted by law, the state and federal courts in Dallas, Texas will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and AT&T consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

13. Compatibility.

AT&T does not warrant that the App and App Services will be compatible or interoperable with your Device or any other piece of hardware, software, equipment, or device installed on or used in connection with your Device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your Device to diminish or fail completely, and may result in permanent damage to your Device, loss of the data located on your Device, and corruption of the software and files located on your Device. You acknowledge and agree that AT&T and its affiliates, partners, suppliers, and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

14. Product Claims.

You acknowledge that you (not AT&T or others) are responsible for addressing any third party claims relating to your use or possession of the App and App Services, and agree to notify AT&T of any third party claims relating to the App and App Services of which you become aware. Furthermore, you hereby release AT&T and others from any liability resulting from your use or possession of the App and App Services, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.

15. Miscellaneous.

15.1 Governing Law.

This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15.2 Contact Information and DMCA Copyright Notifications.

Please direct any questions, complaints or claims related to this License or your use of the App and App Services to the following:

Address: Obtainable from Customer Support line.
Phone: Customer Support: 800.331.0500

You may send AT&T a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”). AT&T’s designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

Registered Copyright Agent
Attn: Phillip White
1277 Lenox Park Blvd NE
Atlanta, GA 30319
(404) 368-6952
E-mail: copyright@att.com

For further information, see https://www.att.com/legal/terms.dmca.html .

15.3 Severability.

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

15.4 Waiver.

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

15.5 Export Control.

You may not use or otherwise export or re-export the App and App Services except as authorized by United States law and the laws of the jurisdiction(s) in which the App and App Services was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, or (y) listed on any U.S. government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You may not use the App and App Services in any manner or for any purpose prohibited (a) by United States law, regardless of where you use the App and App Services, or (b) by local law, in the jurisdiction(s) in which you use the App and App Services.

15.6 Modification or Amendment.

AT&T may modify or amend the terms of this License by posting the modified License on the AT&T website, at www.att.com/legal/legal-policy-center.html . You will be deemed to have agreed and do hereby agree to any such modification upon your continued use of the App or App Services following the date in which the modified or amended License is posted on the AT&T website.

15.7 Survival.

The following sections of this License and any other provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination: 2, 3.3, 6, 8, 9, 10, 11, 12, 13, and 14.

15.8 Third Party Beneficiaries.

Nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person. If you acquired the App from the Apple App Store, you and AT&T acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries to this License, and that, upon your acceptance of the terms and conditions of this License, Apple will have the right to enforce this License against you in its capacity as a third party beneficiary to the License.

15.9 Assignment.

You shall not assign this License or any rights or obligations herein without the prior written consent of AT&T and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.

15.10 Entire Agreement and Other Agreements.

This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. If you acquired the App from the Apple App Store, this License overrides the Licensed Application End User License Agreement, also known as the Standard EULA, set forth within the Apple Media Services Terms and Conditions. Service agreements that you have entered with AT&T or its affiliate shall not limit or restrict rights, remedies, and obligations of you and AT&T under this License. For example, AT&T could block your use of the App or App Services for a violation of the terms of this License, but you would still be fully obligated to abide by the AT&T Consumer Service Agreement for the network usage of your Device.