End User License Agreement

This End User License Agreement (“EULA”) sets out the terms and conditions which govern the use of the Mavenir Systems, Inc. application and service as defined herein.  By registering, installing, accessing or using the Service, you accept the Mavenir My Business End User Terms and Conditions Version 1.0 dated March 31, 2022 (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 “My Business” service accessed via the Mavenir “My Business” mobile device application.

The “User” is you, and you must be 18 or over to use the Service. Otherwise, the Service may only be used with a consent of a parent or a guardian who agreed to be obligated to these. You are entering into an agreement with the Supplier and will be granted a license to use the Service only in accordance with the Terms.

“Content” means any data, video, graphics, information, statements or other material that is input by or on behalf of the User during their use of the Services.

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.

 Terms and Conditions:

  1. Users right to use the Service – Supplier grants User a personal, royalty-free, non-assignable and non-exclusive license to use the Service on the terms defined herein. Supplier may withhold, suspend or terminate availability of the Service at its discretion and without liability. In addition to all terms and conditions in this EULA, Users of beta versions (also known as pre-release versions of the Service before it is generally available) acknowledge and further agree to the following:
    1. The license or right to use the Services in beta is temporary and may only be used in conjunction with the beta;
    2. The Services are provided solely at the Supplier’s option and may become inaccessible without notice;
    3. Beta participants has the opportunity to provide feedback to Supplier, and all such feedback shall be owned by the Supplier, and Supplier may use feedback to improve its Services for any purpose;
    4. User consents for Supplier to contact the User for feedback and receive such communications;
    5. The right to be a beta participant is void where prohibited by law;
    6. Support is provided solely at Supplier’s discretion;
    7. User is prohibited from taking and sharing screenshots or videos of usage it may make, retain or have access to as a result of its participation in the beta. Confidential Information may be disclosed only to such employees, consultants and subcontractors of the receiving Party who reasonably require access to such information for the beta. User will take reasonable steps to prevent display of the Services to third parties that are not participants in the beta Services;
    8. User shall not, without Supplier’s written consent, develop any functionality equivalent to or derivative works based upon the Services, or which has the same look and feel (e.g., look-alikes or functional equivalents in whole or part), or which competes with the Service’s functionality.
  2. Confidential Information – Confidential Information shall mean any and all information, including but not limited to technical, financial, product, legal and commercial information disclosed in writing or otherwise by the Supplier to the User.

    Confidential Information shall be deemed to include all documents and other material (including samples, models, software, and documentation) containing or embodying or based on the Confidential Information (or part thereof) together with all notes, summaries and other material derived there from and all copies or reproductions of the foregoing.

    The User agrees to strictly adhere these Terms, and to treat the same as strictly confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, Confidential Information so received, and shall not make use of or copy such confidential information. User further agrees to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information.

  3. Permission and Charges – 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.
  4. All Intellectual Property Rights related to the Service are retained by the Supplier or its licensors. User shall not copy, modify, distribute, sell, or lease any part of the Service, nor may User reverse engineer or attempt to extract any source code.
  5. All Content is the responsibility of the User. The Supplier may review and/or delete and/or delete access to the Services at its discretion and without liability. Users may not use without permission from the owner unless allowed to by law. The Acceptable Use Policy governing use of the Service is available at Annex 1.
  6. Privacy – Supplier’s Privacy Policy regarding the Service is available at Annex 2. Additionally, the 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.
  7. Warranties – To the fullest extent permitted by law, the Supplier disclaims all warranties and provides the Service “as is” with no warranty as to availability and/or interruption or to be error-free. 
  8. 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.

    User 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 User, User’s use of the Services, violation of applicable laws, rules, or regulations in connection with the Services, for any of User’s content.

  9. Business use of Services – The Service is for User’s business or private purposes only. White-label or resell of the Services is only permitted under separate agreement with the Supplier.
  10. Third-Party Services – Mavenir does not recognize or take responsibility of third-party services that allow user to sell, transfer, or otherwise use the Services and any such use by a User is a violation of this EULA. Some parts of the Services may include or make available content, tools or other materials from third parties (i.e., people or companies other than Mavenir) (“Third-Party Services”). This could include links to other websites, features that let Users link User Accounts to other accounts, or third-party buttons. As described in this Section, Mavenir does not control or take responsibility for Third-Party Services (including how those third parties use User information). User understands that using the Services could subject User to third-party terms or policies, such as a privacy policy, and User agrees to follow those third-party terms and policies.
  11. Third-Party Services Disclaimer – User understands that by using the Services, User may come across Third-Party Services that (i) may be considered offensive, or objectionable, (ii) may or may not be identified as having explicit language, (iii) may contain links or references to objectionable material, and (iv) may not be available in all countries or languages. User agrees to use the Services at User’s own risk and that Mavenir will not have any liability to User for content (including Third-Party Services) that may be found to be offensive, inaccurate, illegal, unavailable, of poor quality or otherwise.
  12. Support – If you think the Service is faulty or wish to contact us for any other reason, please email mybusiness-beta@mavenir.com. Support for User’s of beta versions is solely is provided solely at Supplier’s discretion.
  13. 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.
  14. 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.
  15. 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;
    1. gaining, or attempting to gain, unauthorized access to any other system or service;
    2. causing any unauthorized or unapproved modification of any other system or service;
    3. transmitting or storing material violating Intellectual Property Rights or applicable laws; 
    4. violating the privacy rights of others; 
    5. sending SPAM, or any unsolicited communications in violation of applicable laws;  
    6. 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;  
    7. engaging in malicious or fraudulent activity; 
    8. transmitting or storing material that in the reasonable judgment of the Supplier, exposes the Supplier to unreasonable risk of legal liability; or
    9. 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 becomes aware of any such activity the User shall promptly notify the Supplier at engagesupport@mavenir.com. 
  3. In addition, the User shall not; 
    1. reverse engineer, disassemble or decompile the Service; 
    2. bypass security controls, including, without limitation, the installation of programs or services that allow the System to be managed or accessed through unauthorized means; 
    3. gain, or attempt to gain, unauthorized access to networking, security, management, backup, storage or monitoring systems;  
    4. install programs or configure systems to allow the monitoring, or “sniffing,” of data;
    5. 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; or
    6. 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.

Mavenir “My Business” 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 (“Mavenir My Business”) application and services (“Services”), 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

When you use our Services, we may obtain certain personal information about you or your business, including:

  • personal details and contact information, such as your name, title, email address and phone number;
  • information about your business or company with which you are affiliated, including name, Registered Number, Description, Website,
  • logo, Business Category/Categories
  • hours of operation, contact information and location of the business;
  • login details used to access your account in the Services and other permissions as needed for the app before proceeding to business setup (e.g., mobile number and SMS based OTP);
  • chat history, and logs, such as dates and times of chats and information about other participant (e.g., phone number, MSISDN, IMEI and user names);
  • information about System Owner, your customers including without limitation Operator Partner, System Admin, System User, BU Admin BU User, Owner Account, User Account who chat/connect with your business, like phone number, name, address etc. and
  • other personal information you provide to us, including through your communications with us and feedback you provide (e.g., survey responses)
  • (Optionally if you choose to upload them – Product Catalogue information including without limitation product Names, Images, Prices).

      Information We Obtain By Automated Means

      When you use our Services, 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-My Business 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 Services 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 Services. 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 Services; (3) tailor our Services to reflect your preferences; (4) measure the usability of our Services and the effectiveness of our communications; and (5) otherwise manage and enhance our services and help ensure they are working properly.  

      Our Services are not designed to respond to “do not track” signals from browsers or applications.  

       

      HOW WE USE THE INFORMATION WE OBTAIN

      We may use the personal information we obtain about you or your business or your customers through our Services to: 

      • provide our services to you, including our Services;
      • establish and manage your account, and identify and authenticate you so you can use our Services;
      • personalize your experience with our Services;
      • communicate with you, provide customer support and respond to your inquiries;
      • administer participation in surveys, 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 account to a third-party service);
      • protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
      • operate, evaluate and improve our Services and services (including managing our Services; enhancing and improving our Services; managing our communications; analyzing our Services; performing data analytics; and performing accounting, auditing and other internal functions);
      • maintain and enhance the safety and security of our 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 services on our Services, including without limitation Google Firebase / AWS / bandwidth /Stripe. The information we obtain through our Services may be disclosed to or collected directly by these services.  

        To find out more about the Privacy Policies of these third-party services providers please visit:

         

        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. 

         

        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 Services 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 Services 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

        Contact us:
        Mavenir Systems, Inc.
        1700 International Parkway, Suite 200
        Richardson, Texas USA 75081
        US-privacy-inquiries@mavenir.com