"MY ALTAFIBER"
MOBILE APPLICATION
TERMS OF USE
Last Updated: July 1, 2026
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between (i) you (“User”) and (ii) Cincinnati Bell Inc. dba altafiber and/or the applicable affiliate, subsidiary or operating entity of altafiber that is providing the service described herein (collectively, and each, “altafiber”). This Agreement governs User’s access, download and use of altafiber’s applications that link to this Agreement (each an “Application” or “App”), which includes all related software components, any printed materials and/or online or electronic help files and operating manuals about the Application (“Documentation”), and any information or databases that may be accessible via the Application.
In the event User uses the Application in connection with a product, service, or good manufactured, sold, distributed, licensed, or otherwise furnished by altafiber, User hereby agrees to any and all terms and conditions, policies, and disclaimers applicable to each such product, service, or good, including those available at https://www.altafiber.com/about-us/terms-of-use (collectively, the “Supplemental Terms”). In the event of a conflict between any of the Supplemental Terms and this Agreement, the Supplemental Terms shall supersede and control with respect to such conflict only.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, USER HEREBY REPRESENTS THAT USER IS AT LEAST sixteen (16) YEARS OF AGE OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND HAS READ, UNDERSTANDS, ACCEPTS, AND IS LEGALLY BOUND BY THIS Agreement. IF USER DOES NOT AGREE TO THE TERMS OF THIS Agreement, USER MUST NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND MUST DELETE IT FROM USER’S MOBILE DEVICE.
1. License Rights and Restrictions
1.1. License Grant. Subject to User’s compliance with all terms and conditions of this Agreement, altafiber hereby grants to User a limited, non-exclusive, non-transferable and non-sublicensable right to (i) download, install, and use the Application for User’s personal, non-commercial use or User’s internal business use, as applicable, on a mobile device owned, leased, or otherwise controlled by User (“Mobile Device”) strictly in accordance with the Documentation, and (ii) access, stream, download, and use on such Mobile Device the Services (as defined in Section 1.4 of this Agreement) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement. The foregoing constitutes a license, not a sale, of the Application. All rights not expressly granted to User herein are reserved to altafiber, and User does not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. User hereby acknowledges and agrees that User is solely responsible and liable for any use of the Application that occurs on the Mobile Device, including whether such use is by User or by any third party (“Third Party User”) whatsoever, regardless of whether User grants such Third Party User authorization or permission to use the Application. For the avoidance of doubt, this Agreement applies to each Mobile Device that downloads, installs, or uses the Application and regardless of whether the Application is downloaded, installed, or used on multiple Mobile Devices.
1.2. License Restrictions. Unless otherwise provided for in this Agreement, User shall not, and shall ensure any Third Party User does not, undertake, facilitate, or otherwise engage in any of the following: (i) copy the Application, in whole or in part, (ii) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any Application, (iii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application to any third party, (iv) reverse engineer, disassemble, decompile, decode, or adapt the Application, or attempt to derive or gain access to the source code of the Application, in whole or in part, (v) bypass or breach any security device or protection used for or contained in the Application, (vi) remove, delete, efface, alter, obscure, combine, supplement, or change any trademarks, terms of any Documentation, warranties, disclaimers, or copyright notice or other proprietary rights notices or other symbols, notices, marks, or serial numbers on or relating to any copy of the Application, (vii) use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any right or privilege (including any intellectual property right or privacy right) of any person, or that violates any applicable federal, state, local, foreign, or international law, statute, or regulation, or any judicial or administrative order, rule, or judgment, (viii) use the Application for purposes of benchmarking or competitive analysis of the Application, developing, using, or providing a competing Application product or service, or any other purpose that is to altafiber’s detriment or commercial disadvantage, (ix) use the Application on any device or equipment not permitted by the Documentation, or (x) access or use the Application in any manner that is inconsistent with the terms of this Agreement.
1.3. Third Party Application; Open Source Licenses. The Application may include Application components that are provided by a third party (“Third Party Application”) or that are subject to an open source license agreement, including components available under the GNU Affero General Public License, GNU General Public License, GNU Lesser General Public License, Mozilla Public License, Apache License, BSD licenses, or any other license that is approved by the Open Source Initiative (each individually, or collectively, referred to as “Open Source Components”). Any use of Third Party Application or Open Source Components by User shall be solely governed by the terms and conditions of the applicable Third Party Application license or open source license(s) and not by the terms of this Agreement. When appropriate, the applicable licenses shall be set forth in the readme or about files of the Application or otherwise made available by altafiber.
1.4. Services. The Application may provide User with access to altafiber’s website located at https://www.altafiber.com (the “altafiber Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the altafiber Website (collectively, “Services”). User’s access to and use of such Services are governed by any additional terms of use and privacy statement located on the altafiber Website, and any violation of such terms of use or privacy statement will also be deemed a violation of this Agreement.
1.5. Prohibited Uses. User may use the Application only for lawful purposes and in accordance with this Agreement. User agrees not to use the Application (i) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or asking them for personally identifiable information (PII), (ii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement, (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (iv) to impersonate or attempt to impersonate altafiber, any altafiber employee, another user of the Application, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), and (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application or which, as determined by us, may harm altafiber or users of the Application or expose them to liability. Additionally, User agrees not to: (vi) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application, including their ability to engage in real-time activities through the Application, (vii) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application, (viii) use any manual process to monitor or copy any of the material on the Application, or for any other purpose not expressly authorized in this Agreement, without our prior written consent, (ix) use any device, software, or routine that interferes with the proper working of the Application, (x) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, (xi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer, or database connected to the Application, (xii) attack the Application via a denial-of-service attack or a distributed denial-of-service attack, and (xiii) otherwise attempt to interfere with the proper working of the Application.
2. Term and Termination
2.1. Term. The term of this Agreement commences the earlier of when User (i) downloads or installs the Application or (ii) otherwise acknowledges acceptance of this Agreement, and the term of this Agreement will continue in effect until terminated by User or altafiber in accordance with the terms and conditions herein. User may terminate this Agreement at any time by deleting the Application and all copies thereof from the Mobile Device. altafiber may terminate this Agreement at any time and with or without notice to User. In addition, this Agreement will terminate immediately and automatically without any notice to User if User violates any of the terms and conditions of this Agreement.
2.2. Effect of Termination. In the event this Agreement terminates for any reason, the licenses granted hereunder shall terminate and User shall immediately (i) remove the Application from the Mobile Device, (ii) destroy all copies of the Application in User’s possession, custody, or control, and (iii) thereafter cease all access and use of the Application by User and any Third Party User. Termination or expiration of this Agreement shall be without prejudice to any other right or remedy to which altafiber may be entitled under this Agreement or applicable law. Termination or expiration of this Agreement shall not relieve User from its obligations which survive termination or expiration.
3. Security and Compliance
3.1. altafiber Security Features. The Application may contain technological measures designed to monitor the Application and prevent unauthorized or illegal use of the Application. User acknowledges and agrees that (i) altafiber may use these and other lawful measures to verify User’s compliance with the terms of this Agreement and to enforce altafiber’s rights in and to the Application, (ii) altafiber may deny User or any Third Party User access to and/or use of the Application if altafiber, in its sole and reasonable discretion, believes that User or Third Party User’s use of the Application does or will violate any provision of this Agreement, and (iii) altafiber (or a third party acting on its behalf) may collect, maintain, process and use diagnostic, technical, usage and related information, including information about the Mobile Device, that altafiber may gather or that may be transmitted to altafiber from the Application in order for altafiber to support the Application, to verify the proper use of the Application, to improve the Application generally, to create new products and services, or for any other lawful business purposes. User grants to altafiber, and to third parties acting on behalf of altafiber, the right to audit or examine User’s Mobile Device to verify compliance with this Agreement; provided, however, that altafiber provides User at least thirty (30) business days’ written notice of the foregoing.
3.2. User Security Obligations. User is solely responsible for all use of the Application that occurs on the Mobile Device and for maintaining the security and confidentiality of all usernames, passwords, and other data provided to the Application by User or generated by the Application for User. User agrees to notify altafiber immediately of any unauthorized use of any username, password, or account related to the Application, or of any other known or suspected breach of security.
4. Application Support
4.1. Updates and Upgrades. altafiber may, from time to time and in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Application. User agrees that altafiber has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the Mobile Device settings, when the Mobile Device is connected to the internet either: (i) the Application will automatically download and install all available Updates, or (ii) User may receive notice of, and be prompted to download and install, available Updates. User shall promptly download and install all Updates, and it acknowledges and agrees that the Application or portions thereof may not properly operate should User fail to do so. User further agrees that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
4.2. Support Services. altafiber has no obligation to provide User with technical or other support services related to the Application (“Support Services”). In the event altafiber, in its sole discretion, decides to provide Support Services to User, User hereby acknowledges and agrees that any such SUPPORT SERVICES ARE PROVIDED, OR OTHERWISE FURNISHED, TO USER AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. In providing the Support Services described herein, altafiber may be required to access, perform operations on and/or in, and transmit information and data to, User’s Mobile Device, and User hereby acknowledges and consents to altafiber undertaking, in altafiber’s sole and reasonable discretion, all of the foregoing to perform the Support Services, and User represents and warrants to altafiber that User has the legal authority to consent to the same, and has procured the consent from any other applicable third party to allow User to perform the Support Services. User acknowledges and agrees that any Support Services may result in damage or loss to the Mobile Device and User hereby releases and agrees to hold altafiber harmless from any liability arising in connection with the Support Services and agrees that User will not assert or maintain against altafiber any claim, action, suit, or demand of any kind or nature whatsoever arising from the Support Services.
5. Devices and Connectivity
5.1. We do not warrant that the software provided to utilize the Services or any other software used in connection with the Application will be compatible with other third party software nor do we warrant that operation of the Application and/or Services will not damage or disrupt other software or hardware. You are responsible for obtaining and maintaining all devices and other equipment and software, and other services needed for your access to and use of the Application and related Services and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Application and/or Services.
By using the Application you agree that altafiber may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Services (e.g., save content, access data, enable services, etc.). For instance, our Application may access and read accounts, data and/or content on your device, add content to your device, and change settings of your device, for reasons such as showing you the location of things or people near you; saving App images, sound files and writing usage logs to the device; sending Facebook and Twitter messages you initiate; sending and receiving data needed for Application operations; and to provide you notice when you are or are not connected to a network. You consent to these activities by installing the Application or otherwise using the Services. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the Application.
The quality of the display of the Services may vary from device to device and may be affected by a variety of factors such as your device, your location, and the bandwidth available through and/or speed of your Internet connection. We make no representations or warranties about the quality of your Services experience on your device or the ability of any device to access or display the Services. In order to stream or download Services, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access.
Any issues related to the Services and/or the Application, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimers and Limitations of Liability provisions set forth herein.
5.2. Fees. To the extent any license fees or payment terms are applicable to the Application, such fees and terms shall be set forth in a separate order form or otherwise require User’s affirmative consent. For purposes of clarity, User shall, at all times, comply with the terms and conditions of this Agreement, including in the event User is using a “free of charge” version of the Application or is not otherwise subject to any license fees or payment terms.
6. Confidentiality; Privacy; Feedback
6.1. Confidential Information. User acknowledges that during the term of this Agreement it may receive, have access to, or become aware of trade secrets, proprietary information, or other confidential information of altafiber, including information or data related to the Application (“Confidential Information”). User shall implement and maintain reasonable security measures to safeguard and protect the secrecy and confidentiality of all such Confidential Information, whether or not identified or marked as confidential at the time of its disclosure, and not to disclose any Confidential Information to any third party. Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply when, and to the extent that, Confidential Information: (i) is part of the public domain through no action or failure to act by User, (ii) is made available to the general public by altafiber or a third party who is lawfully in possession of such information, not as a result of any action or failure to act on the part of User, (iii) was previously known to User free of any obligation to keep it confidential, (iv) is subsequently disclosed to User free of any obligation to keep it confidential, or (v) is independently developed by User or a third party other than in breach of this Agreement.
6.2. Data Privacy. User agrees that any PII provided to altafiber, including any PII concerning a Third Party User, shall be collected, used, and processed in accordance with altafiber’s Privacy Policy, located at:
https://www.altafiber.com/about-us/terms-of-use/privacy-policy. User represents to altafiber that User, and each Third Party User, has the full authority to provide any such PII to altafiber, and User will notify each applicable Third Party User of the foregoing. altafiber and altafiber’s third-party service providers and partners may use cookies and other tracking technologies within the Application to, as applicable, monitor and record any and all activities and communications to, from, and on the Application in order to safeguard, improve, and analyze usage of the Application, and for the other purposes listed in altafiber’s Privacy Policy. For the avoidance of doubt, User hereby acknowledges, agrees, and consents to such monitoring and recording by altafiber and altafiber’s third-party service providers and partners.
6.3. Communications. User hereby agrees that the Application contains features designed to notify and contact User and that altafiber may contact User using any PII it provides to altafiber, including via User’s mobile telephone number. User further agrees that altafiber may use the Application or other means to send User text messages to its mobile telephone number, such as messages and alerts related to altafiber’s products, events, and/or promotions. By providing altafiber with User’s mobile telephone number, User (i) expressly represents that User is the owner of and has the authority to provide the mobile telephone number to altafiber, and (ii) consents to receive automated marketing text messages at the mobile telephone number so provided. User further acknowledges that User’s consent to receive automated marketing text messages from altafiber is not, in any form or manner, contingent upon, or required to make, a purchase for goods or services or required to use the Application. Standard text/SMS message and data rates will apply. User can opt out from text marketing communications by texting STOP to the SMS number used to contact User or by contacting altafiber directly in accordance with Section 10.5 (Notices) of this Agreement. altafiber may share User’s mobile phone number with service providers to assist with the delivery of such messages. Without limiting any of the foregoing, User hereby agrees that User will immediately and without delay (and within seventy-two (72) hours) notify altafiber in the event User no longer is the owner of any mobile telephone number provided to altafiber or no longer has the authority to use any such mobile telephone number to receive text messages.
6.4. Feedback. User may, from time to time, but is under no obligation to, provide altafiber with ideas, suggestions, or proposals (“Feedback”) concerning the Application. In the event User provides such Feedback to altafiber, User shall grant altafiber a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. User agrees that, in addition to the rights afforded to altafiber under this Agreement, altafiber may use, compile, and monitor statistical information based on information gathered or transmitted to altafiber via the Application, including to verify the proper use of the Application, to improve the Application generally, for the creation of new products and services, and for other business purposes. User represents to altafiber that User has the full authority to provide any such Feedback to altafiber.
7. Intellectual Property. altafiber owns and retains all rights, interests, and licenses to the Application, and User does not acquire any ownership interest in the Application or the Documentation whatsoever. User shall, during the term of this Agreement and at its own cost and expense (i) undertake all commercially reasonable measures to safeguard the Application (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access, (ii) take all such steps as altafiber may reasonably require to assist altafiber in maintaining the validity, enforceability, and altafiber’s ownership, of the intellectual property rights in the Application, (iii) promptly notify altafiber in writing if User becomes aware of any actual or suspected infringement, misappropriation or other violation of altafiber's intellectual property rights in or relating to the Application, (iv) promptly notify altafiber in writing if User becomes aware of any claim that the Application, including any production, use, marketing, sale or other disposition of the Application, in whole or in part, infringes, misappropriates or otherwise violates the intellectual property rights or other rights of any third party, and (v) at altafiber’s sole expense, fully cooperate with, and assist, altafiber in all ways in the conduct of any legal action by altafiber to prevent or abate any actual or threatened infringement, misappropriation, or violation of altafiber’s rights in, and to attempt to resolve any legal actions relating to, the Application.
8. Disclaimers and Liability. User ACKNOWLEDGES AND AGREES THAT THE APPLICATION IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY DISCLAIMED. User ACKNOWLEDGES AND AGREES THAT THE APPLICATION MAY NOT MEET USER’S REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND/OR USE OF APPLICATIOn MAY BE INTERRUPTED, THAT ANY ERRORS MAY REMAIN UNCORRECTED, AND THAT THE APPLICATION MAY NOT BE COMPATIBLE WITH CERTAIN INFORMATION SYSTEMS. altafiber IS NOT RESPONSIBLE FOR ANY SOFTWARE INSTALLED OR USED BY USER OR THIRD PARTY USERS OR FOR THE OPERATION OR PERFORMANCE OF THE INTERNET. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALTAFIBER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, TRANSMISSION OF MALICIOUS PROGRAMS OR CODE, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO User’s USE OR INABILITY TO USE THE APPLICATION (INCLUDING ANY SUPPORT SERVICES), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ALTAFIBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ALTAFIBER’S TOTAL LIABILITY TO USER FOR ANY AND ALL DAMAGES EXCEED THE LESSER OF (I) THE AMOUNT OF THE License FEES PAID FOR THE APPLICATION OR (II) $100.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY STATED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. ANY AND ALL CAUSES OF ACTION OR CLAIMS USER MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR TO THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
9. Indemnification. User shall indemnify, defend and hold harmless altafiber and its affiliates, employees, agents, officers, directors, shareholders, representatives, successors and assigns from and against any loss, liability, cause of action, cost or expense (including reasonable attorneys’ fees) arising from, in connection with or related to (i) any breach of this Agreement by User, any employee or agent of User, or any Third Party User, (ii) the acts and omissions of User and its employees and agents, and any Third Party User, in connection with its/their use of the Application, and (iii) the violation, infringement or misappropriation by User or any employee or agent of User, of the intellectual property rights of altafiber.
10. Miscellaneous.
10.1 Amendments. altafiber reserves the right to change or modify this Agreement by providing written notice of any changes to User. altafiber reserves the right to change, edit, delete, or revise this Agreement at any time, and such changes will (i) be effectively immediately, (ii) be applied prospectively, and (iii) apply to all similarly situated licensees of the Application. altafiber will notify User of any changes or modifications by posting the modified Agreement in the Application or on the altafiber Website and indicating the date on which the Agreement was last updated. If any changes to this Agreement are unacceptable to User, User may terminate this Agreement upon written notice of termination to altafiber. Continued use of the Application following the effective date of any changes to the Agreement constitutes User’s acceptance of the changes. This Agreement may not be amended by any pre-printed terms or conditions of User’s purchase order.
10.2 Export Controls. User shall comply with all federal, state, local and foreign laws, regulations, rules and ordinances pertaining to the operations and conduct of its business and the license granted to User under this Agreement. User may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
10.3 Governing Law; Disputes; Class Action Waiver. This Agreement shall be governed by the laws of the State of Ohio, excluding its conflicts of law rules. The federal and state courts in Cincinnati, Ohio will have exclusive jurisdiction of any legal action arising out of this Agreement, and each party irrevocably submits to the exclusive jurisdiction of such courts. The parties expressly disclaim the application of the 1980 U.N. Convention on Contracts for the International Sale of Goods. User acknowledges that altafiber has invested significant resources and expense in the development of the Application and that violations of the terms of this Agreement could cause irreparable harm to altafiber. Accordingly, altafiber shall have the right to seek immediate injunctive relief without the necessity of posting bond in the event of User’s breach or threatened breach of any confidentiality obligation, or in the event of User’s infringement or misappropriation of altafiber’s intellectual property rights. User agrees that if any dispute should arise between User and altafiber, User will bring its claim on an individual basis and User expressly and unequivocally waives any right to pursue any claim in a class action.
10.4 Notice to Government End-Users. The Application, including any Documentation, is provided to the United States Government with RESTRICTED RIGHTS. The Licensed Application is a “commercial item” developed exclusively at private expense, consisting of “commercial computer application” and “commercial computer application documentation” as such terms are defined or used in the applicable U.S. Federal Acquisition Regulations. The Application is licensed hereunder only as a commercial item and with only those rights as are granted to all other customers pursuant to the terms and conditions of this Agreement. Nothing in this Agreement requires altafiber to produce or furnish technical data for or to User. The Application provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial rights and restrictions described elsewhere herein. The Application is classified as “restricted computer application” and provided to the U.S. Government with RESTRICTED RIGHTS, as provided under applicable federal acquisition laws and regulations.
10.5 Notices. All notices and demands hereunder shall be in writing and shall be served by personal service or by mail at the address of the receiving party set forth in this Agreement (or at such different address as may be designated by such party by written notice to the other party). All notices or demands by mail shall be by certified or registered mail, return receipt requested, or by a nationally-recognized private express courier and shall be deemed complete upon receipt. Should User have any questions concerning this Agreement, or if it desires to contact altafiber for any reason, it must write to the following: altafiber, 221 East Fourth Street, Suite 121-300 Cincinnati, OH 45202. Notwithstanding the forgoing, User hereby acknowledges and agrees that altafiber is permitted to provide all notices to User through the Application, and such notice shall be deemed delivered and accepted by User immediately upon posting in the Application.
10.6 Assignment/Subcontractors. User may not assign, delegate or transfer the Agreement, in whole or in part, or any of its rights or duties hereunder, including by merger (regardless of whether User is the surviving entity) or acquisition, without the prior written consent of altafiber. altafiber may assign or transfer the Agreement, in whole or in part, to any third party without the prior written consent of User. Subject to the foregoing, the Agreement shall be binding upon, and shall inure to the benefit of, the parties and their respective successors or permitted assigns. altafiber may contract with third parties and suppliers to provide certain portions of the Application and/or support services thereto, and references to altafiber necessarily include any such third parties and suppliers.
10.7 Apple, Android, and Other Platforms and Devices. If you are accessing or using the Services through Apple, Android, or other third party platforms or services, those third-party services’ own terms and policies apply to such access and usage. Without limitation, Supplemental Terms for our App(s)’ Apple Users are provided below which are applicable to you and are incorporated into this Agreement by this reference.
Terms Applicable For Apple IOS. (i) To the extent that you are accessing the Services through an Apple Device, you acknowledge that this Agreement is entered into between you and altafiber and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third-party beneficiary as contemplated below. (ii) The license granted to you in this Agreement is subject to the permitted Usage Rules set forth in the App Store Terms of Service and any other third party terms of agreement applicable to the Service. (iii) You acknowledge that altafiber, and not Apple, is responsible for providing the Services thereof. (iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service. (v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service. (vi) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and altafiber, altafiber, and not Apple is responsible for addressing any claims you may have relating to the Services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Services fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (vii) Further, you agree that if the Services, or your possession and use of the Services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. (viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. (ix) When using the Services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Services (x) Your use of real time route guidance on the Services is at your sole risk. Location data may not be accurate.
10.8 Miscellaneous. In the event that any term of this Agreement is declared invalid or unenforceable by any court of competent jurisdiction or any federal or state government agency having jurisdiction over the subject matter of this Agreement, the remaining terms and provisions that are not affected thereby shall remain in full force and effect. A waiver of any provision of this Agreement shall only be effective if in a writing signed by the party against which the waiver is claimed. This Agreement may not be assigned by User without the prior written consent of altafiber.
10.9 Entire Agreement. This Agreement, including each additional contract, term or policy incorporated herein by reference, represents the entire agreement between User and altafiber relating to the subject matter of this Agreement and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to such subject matter.