Tech Coach Application End User License Agreement
PLEASE READ THE TECH COACH APPLICATION END USER LICENSE AGREEMENT (“EULA”) CAREFULLY AND
COMPLETELY. THE EULA IS A LEGAL CONTRACT BETWEEN YOU AND ASURION THAT GOVERNS YOUR USE OF THE APPLICATION. THE
EULA LIMITS THE LIABILITY OF ASURION TO YOU AND REQUIRES YOU TO RESOLVE ANY DISPUTES WITH ASURION THROUGH
BINDING AND INDIVIDUAL ARBITRATION RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH
ANY OF THE TERMS OF THE EULA, INCLUDING ASURION’S COLLECTION OF CERTAIN CATEGORIES OF DATA DISCUSSED IN
THE EULA BELOW, DO NOT DOWNLOAD, CLICK-TO-ACCEPT, AND/OR USE THE APPLICATION. YOU WILL BEGIN TO INCUR DATA USAGE
CHARGES ONCE YOUR SET-UP OF THE APPLICATION IS COMPLETE.
Please contact Asurion at firstname.lastname@example.org
with questions regarding the APPLICATION or THE EULA.
- 1. DEFINITIONS. In the EULA: (a) the words “Asurion” and “Our” and
“We” and “Us” mean Asurion Mobile Applications, LLC and its parents, subsidiaries,
branches, affiliates, agents, employees, successors and assigns; (b) the word “TCA” means the
Tech Coach Application and the software provided in connection with the TCA; and (c) the words “You”
and “Your” mean an individual who downloads or uses the TCA and any person or entity represented
by that individual.
- 2. LICENSE. Subject to the terms and conditions of the EULA, Asurion grants You a personal,
revocable, non-transferable, non-exclusive limited right to access and use the TCA solely as permitted by
its functions. Asurion grants You no other rights, beyond what is expressly granted to You in the EULA, and
Asurion hereby reserves any and all other rights.
- 3. FUNCTIONS. The TCA includes several functions, and Your ability to access those
depends upon Your mobile device and Your agreement with Asurion and/or Verizon Wireless. Asurion does not
warrant that the TCA will be compatible with or operable on Your mobile device or that any particular TCA
function will be available to You. You acknowledge and agree that not all of the TCA functions may be
available to You at all times or at any time. Your mobile device must be powered on, have text messaging
capability and be within Your mobile coverage area for the TCA to operate. Asurion reserves the right to
change, suspend or discontinue the TCA and/or any of its functions at any time, for any reason and without
notice or liability to You. It is Your responsibility to download any updates to the TCA. Asurion will not
assume any liability if You do not have the most current version of the TCA on Your mobile device.
- 4. DATA-USAGE CHARGES. You acknowledge and agree that You may incur data usage or other
or charges if You download and use the TCA. You are solely responsible for the payment of those fees or
charges, and any failure to pay them may result in suspension or termination of Your access to the TCA.
- 5. PASSWORD & ACCOUNT INFORMATION. You may be asked to provide an email address and
create a password in order to access certain features and functions. If required, you agree that you
will provide Asurion with complete and accurate information when creating Your account and using the TCA.
You are solely responsible for any activity that occurs on or in relation to Your account and for keeping
Your password confidential, and You are solely liable for any damages resulting from Your failure to do so.
Anyone with access to Your account or password can use the TCA on Your mobile device. If You believe that
the confidentiality of Your account or password has been compromised, You should change Your password
- 6. COMMUNICATIONS. You agree to receive certain communications related to the TCA within
TCA. Such communications are part of the TCA’s services and are not subject to the Verizon Wireless Do
Not Call Policy. You may turn off certain features, such as communications, if you choose, and You are
solely responsible for any fees or charges related to them.
- 7. USE AND RESTRICTIONS ON USE. The TCA is intended for Your personal use only. You may
download and use the TCA only if You can form a binding contract with Us and You are not a person who is
barred from downloading or using the TCA by laws of the United States or any other applicable jurisdiction.
The TCA is operated from facilities in the United States, and Asurion makes no representation that the TCA
is appropriate or available for use in other locations. You shall not use the TCA in any way that violates
any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual
property right of any third party or discloses a trade secret or confidential information. You shall not:
(a) decompile, reverse engineer, disassemble, derive the source code of or decrypt the TCA; (b) make any
modification, adaptation, improvement, enhancement, translation or derivative work from the TCA; (c)
redistribute, rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the TCA to any third
party; or (d) remove, obscure, or alter any proprietary notices (including any notice of copyright or
trademark) of the TCA.
- 8. MISUSE . You may only use the TCA to scan Your home or personal WiFi network.
scanning of any other WiFi networks, whether public or private, is a violation of these terms. Additionally,
You shall not misuse the TCA, including, without limitation, using the TCA in any manner that: (a)
interferes with or interrupts the TCA or any hardware, software, system or network connected with the TCA;
(b) stalks, harasses, threatens or harms any person or is otherwise invasive of another’s privacy
rights; (c) uses the TCA 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 the TCA or any other computer software or hardware.
Asurion with respect to the collection, use and disclosure of information related to or derived from Your
into the EULA, and by using the TCA, You consent to the collection, use and disclosure of Your information
as set forth in that Policy. Since Asurion cannot guarantee the security of Your personal information, You
acknowledge and agree that You provide it to Asurion at Your own risk.
- 10. FAQs AND SPECIFIC FUNCTIONS. The FAQs are available here
and provide valuable information regarding the TCA functions. Please read the FAQs carefully and completely
before You use the TCA. In addition to the information in the FAQs, You acknowledge and agree that:
- A. DATA COLLECTION. The TCA and Your use of the TCA and its functions may collect and
certain data and information about Your mobile device, including, without limitation, Your settings
information, Your performance and data usage, Your battery and storage levels, and information regarding
Your operating system and installed apps. Such data may be conveyed to a representative during Your
with such representative through the Application, including during any remote access of Your mobile
by such representative, which function will only be utilized with Your knowledge and authorization. Data
about whether or not You have contacted a representative via the TCA and whether or not You have
WiFi on Your mobile device may also be collected and conveyed to a sales representative. Additional
about the data and information that the TCA may collect and convey is located in the FAQs, available here.
Information regarding Asurion’s policies for privacy and security with regard to the gathering,
- B. HOW WE USE DATA ABOUT YOUR DEVICE TO PROVIDE INSIGHTS & OPTIMIZATION. This
available in both the Premium and Basic versions of TCA, but delivery and scope of the feature differs
depending on which version of TCA You have. If the Premium version of TCA is available to You, the
Insights & Optimization function may allow You to receive communications from Us about Your device.
the Basic version of TCA is available to You, the Device Insights & Optimization function may allow
to access information within the app about the functioning of Your device. We may use collected data to
deliver proactive Device Insights to help You improve the performance of Your device. If You do not want
send information about Your device to Us, You must open the TCA application, click "Settings" and then
the "Get tips, alerts and guides" feature to "Off.". Please see FAQs for additional instructions and
information regarding this function.
- C. CLICK-TO-CLAIM. If available, the Click-to-Claim function may allow You to file a
under any mobile device protection program to which You may be subscribed (e.g. Total Mobile Protection,
Total Equipment Coverage, etc.) either directly within the TCA or by being transferred from the TCA to a
claims website (www.phoneclaim.com or other website to be
determined in the future) on Your mobile device's web browser. If You use this function, You could incur
data charges. The specific terms of Your mobile device protection program and the terms and policies of
claims website (such as the PhoneClaim.com Terms of Service and the PhoneClaim.com Privacy
Policy) govern Your use of such services. If applicable, please read the terms and policies for
such claims website carefully and completely. They are incorporated by reference into the EULA, and by
the TCA, You agree to these terms and policies of any such claims website, including any MANDATORY
ARBITRATION PROVISIONS, CLASS ACTION WAIVER PROVISIONS, and/or LIMITATION OF LIABILITY PROVISIONS
- D. TECH COACH APPLICATION GROUP. If available, the TCA may provide You the option to
other individuals to add phones and/or tablets ("devices") to Your TCA Group. The option to add devices
Your TCA Group will allow You and any other individual who successfully adds a device to Your TCA Group
get support for all of the devices added to Your TCA Group. You should explain this to anyone whose
is added to Your TCA Group, and if You do not want them to use or support Your devices, be sure to let
know. Adding a device to Your TCA Group also will provide Tech Coaches with access to certain data on
added device as outlined in paragraph 10C. If a device is added to the TCA Group, that device cannot be
removed from the TCA Group; however, if an individual deletes the TCA from a device within the TCA
additional data from the device will be accessible following deletion.
- E. WIFI-SCANNING. If available, the APP may scan the WiFi network connected to Your
You are only permitted to scan Your home or personal WiFi networks when using the APP. The WiFi network
will collect certain data pertaining to Your products and Device. An explanation of the data collected
- 11. DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE TCA IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE ON THE TCA IS AT YOUR SOLE RISK AND DISCRETION. ASURION
HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE TCA, WHETHER EXPRESS,
IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, ASURION MAKES NO WARRANTY THAT (A) THE TCA WILL
MEET YOUR REQUIREMENTS; (B) THE TCA WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE
OR ERROR-FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED
BY YOU THROUGH THE TCA WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE TCA WILL
BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASURION OR THE TCA
SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT ASURION
HAS NO OBLIGATION TO SUPPORT OR MAINTAIN THE TCA. YOU ACKNOWLEDGE AND AGREE THAT ASURION MIGHT NOT BE ABLE
TO OFFER THE TCA AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY
FAILURE OF THE TCA TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY ASURION AND ASURION WILL, AS YOUR
SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. ASURION WILL HAVE NO
OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE TCA, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES,
DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE
- 12. LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL ASURION 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 TCA, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT
ASURION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF DATA OR
CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO
RECEIVE OR BACKUP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN
ANY WAY RELATED TO THE TCA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ASURION'S AGGREGATE LIABILITY
TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY) SHALL
NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE TCA, IF ANY, DURING THE TWO (2) MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $50.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS
WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 13. ARBITRATION AGREEMENT. Most of Your concerns about the TCA or the EULA can be addressed
contacting Us at TechCoachAppSupport@asurion.com. In
the event We cannot resolve any dispute with You, YOU ANDWe agree to resolve those disputes through
binding arbitration or small claims court instead of through courts of general jurisdiction. YOU AND We
agree to waive our rights to a trial by jury and to participate in class actionS OR OTHER REPRESENTATIVE
- A. This Arbitration Agreement ("ARB AGREE") shall survive the termination of the EULA
and is governed by the
Federal Arbitration Act. This ARB AGREE shall be interpreted broadly, and it includes any dispute You
with Asurion that arises out of or relates in any way to Your relationship with Asurion or the TCA,
based in contract, tort, statute, fraud, misrepresentation or otherwise. However, this ARB AGREE does
preclude You from bringing an individual action against Asurion in small claims court or from informing
federal, state or local agencies of Your dispute. Such agencies may be able to seek relief on Your
- B. To initiate arbitration, send a written Notice of Claim by certified mail to: Legal
Department, P.O. Box
110656, Nashville, TN 37122-0656. The Notice must describe the dispute and the relief sought. If Asurion
does not resolve the dispute within 60 days of receipt of the Notice, You may start an arbitration with
American Arbitration Association ("AAA"). You can contact the AAA and obtain a free copy of the rules
forms necessary to start an arbitration proceeding at www.adr.org or
1-800-778-7879. Asurion will reimburse You for a filing fee paid to the AAA, and if You are unable to
filing fee, Asurion will pay it if You send a written request by certified mail to the Legal Department.
- C. The arbitration shall be administered by the AAA in accordance with the Consumer
("Rules"). The arbitrator is bound by the terms of this ARB AGREE and shall decide all issues, with the
exception that issues relating to the enforceability of this ARB AGREE may be decided by a court. If
dispute is for $25,000 or less, the arbitration will be conducted by submitting documents to the
unless You request an in-person or telephonic hearing or the arbitrator decides that a hearing is
If Your dispute is for more than $25,000, the right to a hearing will be determined by the Rules. Unless
otherwise agreed, any hearing will take place in the county or parish of Your Verizon billing address.
Asurion will pay all filing, administration and arbitrator fees for any arbitration, unless Your dispute
found by the arbitrator to have been filed for the purpose of harassment or is patently frivolous. In
case, the Rules govern payment of such fees.
- D. The arbitrator shall issue a decision including the facts and law upon which his/her
decision is based. If
the arbitrator finds in Your favor and issues a damages award that is greater than the value of the last
settlement offer made by Asurion or if Asurion made no settlement offer, and the arbitrator awards You
damages, Asurion will: (1) pay You the amount of the award or $2,500, whichever is greater; and (2) pay
attorney's fees and expenses, if any, You reasonably incurred in the arbitration. While the right to the
attorney's fees and expenses discussed above is in addition to any right You may have under applicable
neither You nor Your attorney may recover duplicate awards of attorney's fees and expenses. Asurion
waives any right it may have under applicable law to recover attorney's fees and expenses from You if it
prevails in the arbitration.
- E. If You seek declaratory or injunctive relief, that relief can be awarded only to the
extent necessary to
provide You relief. YOU AND ASURION AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST EACH OTHER
IN AN INDIVIDUAL CAPACITY AND NOT IN A PURPORTED CLASS ACTION, CLASS ARBITRATION OR OTHER
PROCEEDING. Unless You and Asurion agree otherwise, the arbitrator may not consolidate Your
dispute with the dispute of any other person and may not preside over any form of representative or
proceeding. If this specific provision of this ARB AGREE is found to be unenforceable, then the entirety
this ARB AGREE is null and void.
- 14. CLAIM LIMITATION. Unless otherwise allowed by applicable law, any claim related to the TCA
shall be brought within one year of the events giving rise to the claim. Failure to assert any such claim
during that one-year period shall result in the claim being forever waived and barred.
- 15. THIRD-PARTY CONTENT. The TCA may expose You to content, websites, products and services
created or provided by parties other than Asurion ("third-party content"). Asurion does not review, endorse
or assume any responsibility for third-party content and shall have no liability to You for access to or use
of third-party content. You access or use third-party content at Your own risk and discretion, and You
- 16. INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade
secrets and other intellectual property or proprietary rights associated with the TCA are the exclusive
property of Asurion, and all such rights not expressly granted to You in the EULA are hereby reserved and
retained by Asurion. If You submit comments or ideas about the TCA, including ways to improve the TCA or
other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without
restriction. It does not place Asurion under any fiduciary or other obligation, and Asurion is free to use
the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis.
You further acknowledge that Asurion does not, by acceptance of Your submission, waive any rights to use
similar or related ideas previously known to Asurion, or developed by its employees or obtained from sources
other than You.
- 17. OPEN SOURCE AND THIRD-PARTY SOFTWARE. The TCA may include open source or third-party
software, and Your use of the TCA is subject to any licenses or agreements governing that software.
- 18. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Asurion 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 TCA; (b) Your alleged or actual breach of the EULA; (c) Your
alleged or actual violation of any 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. Asurion reserves 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.
- 19. ASSIGNMENT. The EULA and any rights or licenses granted hereunder may not be transferred
or assigned by You, but may be transferred or assigned by Asurion, without restriction. Any attempted
transfer or assignment in violation of this provision is null and void.
- 20. SEVERABILITY. If any term of the EULA is found to be invalid or unenforceable, that term
should be modified to the extent possible to make it valid or enforceable without losing its intent and
purpose. If no such modification is possible, the term should be severed from the EULA.
- 21. COMPLIANCE WITH U.S. EXPORT LAWS. By downloading the TCA, You acknowledge that the TCA is
subject to U.S. Export law, and that You will comply with all domestic and international export laws and
regulations that apply to the TCA.
- 22. WAIVER. Any failure to enforce a right or term of the EULA shall not be deemed a waiver of
that right or term.
- 23. ENTIRE AGREEMENT. This EULA and the documents incorporated by reference constitute the
entire agreement between You and Asurion regarding the TCA and supersede any prior or contemporaneous
- 24. GOVERNING LAW. The EULA and Your relationship with Asurion shall be governed by and
construed in accordance with the laws of the State of Tennessee, without regard to conflicts of law
provisions. The application of the United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
ADDENDUM FOR DOWNLOADS FROM THE APPLE APP STORE
The following additional terms and conditions apply to You if You downloaded the TCA from the Apple App Store
("iTunes-Sourced Software"). You acknowledge and agree that the EULA is between You and Asurion only, and not
Apple, and that Apple has no responsibility for the iTunes-Sourced Software or its content. Your use of the
iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced
Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, You
may notify Apple, and Apple will refund the purchase price of the iTunes-Sourced Software to You. To the maximum
extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the
iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be solely governed by the EULA and any law applicable to Asurion.
You acknowledge that Apple is not responsible for addressing any claims relating to the iTunes-Sourced Software
or Your possession or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability
claims; (ii) claims that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are
governed solely by the EULA and any law applicable to Asurion. You acknowledge that, in the event of any
third-party claim that the iTunes-Sourced Software or Your possession or use of that iTunes-Sourced Software
infringes intellectual property rights, Asurion, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such claim to the extent required by the EULA. You and Asurion
acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the EULA as relates
to Your license of the iTunes-Sourced Software and that upon Your acceptance of the EULA, Apple will have the
right (and will be deemed to have accepted the right) to enforce the EULA as relates to Your license of the
iTunes-Sourced Software against You as a third-party beneficiary thereof.
Asurion® and its logos, including the Tech Coach logo, are the trademarks of Asurion, LLC. Tech
CoachTM is the trademark of Verizon. All rights
reserved. All other trademarks, service marks, and product brands that appear in the app are not owned by
Asurion or Verizon and are the property of their respective owners. Neither Asurion nor Verizon is affiliated
with, sponsored by, or endorsed by the respective owners of the other trademarks, service marks and/or product
brands that appear in the app.