Summary of the End User License Agreement and Privacy Policy for the NYC Secure Application

This is a summary of the End User License Terms (“Terms”) that govern your use of the NYC Secure App (“App”). The headings in this summary each correspond to a section of the Terms, which is the contract that governs your use of the NYC Secure App.

Acceptance

To install and use the App, you must click a button to indicate that you accept the Terms. By clicking that button, you acknowledge that you understand the Terms and promise to abide by them. If you do not understand or agree to the Terms, you are not permitted to install or use the App and must delete it from your device.
If you are under the age of 18, you may not install or use the App unless you have consent from your parent or legal guardian.
For more information, please scroll down to Section 1 of the Terms.

Intended Use

The NYC Secure App is intended for download in New York City only.
Zimperium does not accept any responsibility to you if you fail to meet this requirement.
For more information, please scroll down to Section 2 of the Terms.

Rights to Use the App

You may only download and install the App on your mobile device for your own benefit.
You may only use the App for your own internal business if you are downloading the App on behalf of an organization.
For more information, please scroll down to Section 3 of the Terms.

Prohibited Conduct

You cannot use the App for any purpose other than stated in the Terms.
For more information, please scroll down to Section 4 of the Terms.

Data Usage and Carriers

You are responsible for any charges from your carrier due to your use of the App.
For more information, please scroll down to Section 5 of the Terms.

Ownership

You only have a license to use the App in accordance with these Terms.
Except for the rights that are granted to you in these Terms, we expressly reserve all of our rights with respect to the App.
You only have a license to use the App in accordance with these Terms.

Modifications

We can change the App at any time, including by terminating or suspending an existing feature of the App.
We are not required to notify you of these changes.
For more information, please scroll down to Section 7 of the Terms.

Maintenance and Support

You may refer to the NYC Secure website at https://secure.nyc or contact New York City’s 311 service if you have questions.
We are not required to maintain and support the App.
For more information, please scroll down to Section 8 of the Terms.

Privacy

WE RESPECT AND CARE ABOUT YOUR PRIVACY.
We DO NOT collect or use any Personal Information, including personally identifying information, through your use of the App.
The only information that leaves your device is Non-Identifying Information necessary to provide you with Service, limited to the type of operating system (iOS or Android) on your device, a unique identifier created for your device and the version of the components of the App.
For more information, please scroll down to Section 9 of the Terms and review the App’s privacy policy.

Termination or Suspension of Use

We may terminate or suspend your rights to the App at any time.
You may not be given advance notice of the termination or suspension.
We are not required to have a reason for the termination or suspension.
For more information, please scroll down to Section 10 of the Terms.

Disclaimers

The App is intended to enhance the security of your information by alerting you to threats you may encounter when using your mobile device.
The App, however, is provided “as is” and without any warranties.
For more information, please scroll down to Section 11 of the Terms. PLEASE READ THIS SECTION CAREFULLY.

Limitation of Liability

We will not have any liability to you for any harm that you may incur as a result of your use of the App.
You are solely responsible to backup all content on your mobile device prior to installing the App.
For more information, please scroll down to Section 12 of Terms. PLEASE READ THIS SECTION CAREFULLY.

Third-Party Beneficiaries

By using the App, you have a relationship with certain third-parties, including third-party beneficiary, the City of New York.
If you have obtained the App from the Apple, Inc. (“Apple”) App Store, then Apple and its subsidiaries are also third-party beneficiaries of these User Terms.
These third-parties can enforce these Terms against you as if they were a party to them.
For more information, please scroll down to Section 13 of the Terms. PLEASE READ THIS SECTION CAREFULLY.

Governing Law and Dispute Resolution

New York law governs, and all disputes must be resolved in the courts located in New York County, New York. PLEASE NOTE THAT YOU ARE ALSO WAIVING YOUR RIGHT TO A TRIAL BY JURY.
For more information, please scroll down to Section 14 of the Terms. PLEASE READ THIS SECTION CAREFULLY.

Contact for Inquiries

All contact should be directed to https://secure.nyc.
For more information, please scroll down to Section 15 of the Terms.

General Terms

To learn about the general terms that relate to the App, please scroll down to 16 of the Terms. Although they are “general,” they are still important.

Zimperium, Inc. End User License Agreement for
the NYC Secure Aplication

THIS DOCUMENT IS A LEGAL CONTRACT. PLEASE READ IT CAREFULLY. These End User License Terms (“Terms”) govern your access to and use of the NYC Secure Application (the “App”), which is owned by Zimperium, Inc. (“Zimperium,” “our,” “we,” or “us”).

1. Acceptance

Unless you are acting on behalf of a company or other organization, “you” and “your” refer to you, the person downloading and installing the App. If you are acting on behalf of a company or other organization, then you represent and warrant that you are authorized to legally bind that company or other organization to these Terms, and all further use of “you” and “your” in this document will refer to that company or organization. By clicking “Accept” and installing the App, you are indicating that you understand and agree to abide by these Terms. Your use of and access to the App are conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. In addition, we are unwilling to license the App to you, and you must delete all copies of the App that you may have installed or stored on your mobile device or elsewhere if any of the following apply to you:

You do not accept these Terms.
You are under the age of 18, and you do not have consent from your parent or legal guardian.

2. Intended Use

The App is intended for download in New York City only. Zimperium does not accept any responsibility to you if you fail to meet this requirement.

3. Rights to Use the App

Subject to your compliance with these Terms, we grant to you at no cost, non-exclusive, non-transferable license to: (i) install one copy of the App on each of your compatible mobile devices (each, an “Authorized Device”); and (ii) use the App on each Authorized Device, and access and use the App on your Authorized Device solely for your own personal or internal business. The App is intended to be used only in accordance with the Agreement and only to evaluate, manage, and protect the security of your mobile devices. We may suspend or terminate your rights as set forth in these Terms.

4. Prohibited Conduct

(a)	Any other use of the App is strictly prohibited. Prohibited uses include (without limitation) using the App to attack, probe, assess the security of, or interfere with any third party’s network, device or other target without that third party’s express, informed authorization. You may not disclose any vulnerability discovered, reproduced, or confirmed through the use of the App except in accordance with industry accepted vulnerability disclosure practices.
(b)	You may not, and you agree not to: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the App; (iv) make the functionality of the App available to multiple users through any means; (v) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms or the applicable documentation; (vi) access or use any areas of the App for which we have not granted you authorization, or tamper or interfere with our computer systems or the technical delivery systems of our providers; (vii) gather or use information, such as other users’ names, real names, or email addresses, through the App to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (viii) encourage or enable anyone to do any of the foregoing; or (ix) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing in the App.
(c)	You agree not to use the App in any way that will cause you to be in breach of your contractual obligations to a third party, such as a cellular carrier.

5. Data Usage and Carriers

Depending on the plan you have purchased from your carrier, messaging, data, and other rates and charges may apply to your use and possession of the App. You are solely responsible for your use of the App and any resulting rates and charges. You understand that the App may not work with your device or carrier.

6. Ownership

Your rights with respect to the App are limited to those expressly granted in these Terms. Zimperium and its licensors and suppliers reserve sole and exclusive ownership of the App and all copyrights, patents, trademarks, and other intellectual property rights therein.

7. Modifications

The App may change from time to time. For example, we may push updates to your Authorized Device or modify our user interface. We may also terminate or suspend any features of the App, possibly without prior notice to you.

8. Maintenance and Support

Zimperium has no App maintenance or technical support obligations under these Terms. Please consult your device manufacturer for instructions on how to install or uninstall an App. If you have other questions, you may contact the City of New York by referring to the website located at https://secure.nyc or contacting New York City’s 311 service.

9. Privacy

We care about your privacy. Zimperium collects and uses your data only as described in the Privacy Policy which appears below. You represent that you have read, understand, and agree to the Privacy Policy.

10. Termination or Suspension of Use

We may terminate or suspend Your rights to use and possess the App for any reason. If you breach any of these Terms, or we inform you that your license is terminated, your rights with respect to the App will automatically terminate. You agree to promptly and permanently delete all copies of the App that are on the Authorized Device(s) or otherwise in your possession or control. In addition to any other provisions that should, by their nature, survive the termination or expiration of these Terms, Sections 3, 4, 11, 12, 13, 14, and 16 will survive any expiration or termination of these Terms.

11. Disclaimers

You acknowledge that improper use of the App could significantly harm your network and/or devices, and you assume all risks associated with your use. You understand and agree that the App is provided to you “AS IS” and on an “AS AVAILABLE” basis. Your use of the App is at your sole risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App meets your requirements, is free of viruses or other harmful components, will detect or prevent all security threats or vulnerabilities, or be available on an uninterrupted, secure, or error-free basis.

12. Limitation of Liability

(a)	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR ANY PROBLEM WITH THE APP IS TO DISCONTINUE USING AND UNINSTALL THE APP, AND IN NO EVENT WILL WE, OR OUR LICENSORS OR SUPPLIERS, HAVE ANY LIABILITY TO YOU FOR ANY CLAIM OR LOSS RELATING TO THE APP, INCLUDING UNDER ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WHATSOEVER. WHERE THE LAW PERMITS LIABILITY TO BE LIMITED, BUT NOT FULLY EXCLUDED, THE TOTAL AGGREGATE LIABILITY OF ALL PARTIES WILL BE LIMITED TO EITHER FIFTY AND 00/100 DOLLARS ($50.00) OR THE MINIMUM AMOUNT OF LIABILITY PERMITTED UNDER THE LAW, IF THE MINIMUM IS HIGHER.
(b)	TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR COSTS OF SUBSTITUTE GOODS OR SERVICES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING IN ANY WAY OUT OF THESE TERMS OR RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(c)	YOU ACKNOWLEDGE THAT IT IS YOUR SOLE RESPONSIBILITY TO BACKUP ALL CONTENT ON YOUR DEVICE BEFORE INSTALLING THE APP AND TO IMPLEMENT BACKUP PLANS AND USE OTHER SAFEGUARDS THAT ARE APPROPRIATE FOR YOUR DEVICE AND CONTENT.

13. Rights of the City of New York and Apple

(a)

You acknowledge that you have read, understood, and agree to the following regarding the City of New York (“City”). The App is licensed to you by Zimperium in fulfillment of Zimperium’s contractual obligations to the City. Zimperium is not an agency, office, department, or affiliate of the City. The City is third party beneficiary of these Terms. As a third-party beneficiary, the City may enforce these Terms against you as if it were a party to them. To the maximum extent permitted by applicable law: (i) the City disclaims all warranties, whether express or implied, relating to the possession, installation, use, or support of the App; and (ii) the City will have no liability to you for any claim, liability, loss, damages, costs, or expenses in connection with the App or any use or possession of the App, including for any damages, costs, settlements, judgments, expenses, or liabilities arising from any third-party claim that your use or possession of the App infringes on the third party’s copyright, patent, or other intellectual property rights.

(b)

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device you acknowledge that you have read, understood, and agree to the following regarding Apple. These Terms are between you and Zimperium only. Apple is not responsible for the App or its content. Zimperium is responsible for providing maintenance and support services for the App only as provided above in Section 8 (Maintenance and Support). Apple has no obligation to furnish maintenance or support services for the App. To the maximum extent permitted by applicable law, Apple has no liability for the failure of the App to comply with any warranty, except that if you notify Apple of the issue, Apple will provide you with a refund of the purchase price that you paid, if any, for the App. Apple is not responsible for addressing any claims relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights. You represent and warrant that you are not located in a 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, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof. You will only use the App as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

14. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to or application of conflict of laws rules or principles. The parties to these Terms irrevocably consent to the jurisdiction of, and venue in, the state or federal courts located in New York County, New York for any disputes arising under these Terms. EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY.

15. Contact Information for App Inquiries

All questions, complaints, and claims regarding the App should be directed to the City of New York by referring to the website located at https://secure.nyc or contacting New York City’s 311 service.

16. Contact Information for App Inquiries

If the English language version of these User Terms or the privacy policy conflicts with a translation of either into another language, the English text will control. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You may not assign, delegate or transfer these Terms or any of your rights or obligations hereunder without our prior written consent, and any attempt to do so will be void. We may assign these Terms without your consent. Except as provided above in Section 14, there are no third-party beneficiaries to these Terms. You agree to comply fully with all relevant export laws and regulations of the United States and other applicable jurisdictions to ensure that the App is not: (i) downloaded or otherwise exported or re-exported directly or indirectly in violation of such export laws and regulations; or (ii) used for any purposes prohibited by the such export laws and regulations, including but not limited to nuclear, chemical, or biological weapons proliferation. These Terms constitute the entire agreement between you and Zimperium regarding the App, and they supersede and replace any prior agreements and understandings between you and Zimperium regarding the App.

Privacy Policy

Zimperium, Inc. (“Zimperium”, “we”, “our”, or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive from users of the NYC Secure App (“App”).

About this Privacy Policy

This Privacy Policy only applies to information provided or collected through the App. Note that different privacy policies and terms and conditions may apply to other Zimperium products, solutions, websites and services (“Other Zimperium Products and Services”), and you should review the appropriate privacy policy if you use any Other Zimperium Products and Services. Other Zimperium Products include, but are not limited to, our mobile or cloud-based software solutions such as zIPS, zANTI, and zCONSOLE. This Privacy Policy may be updated from time to time with the prior written consent of the City of New York (“City”). In addition, we will notify you of any updates by posting the new Privacy Policy on the App. You are advised to consult this policy regularly for any changes. As used in this policy, the terms “using” and “processing” information include subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States.

Information Collection and Use

We DO NOT collect or use any personal information through your use of this App (“Personal Information”). Personal Information includes any information that can be used to trace your identity. Examples of Personal Information include your name, phone number, email address and home address, business addresses and any personally identifiable information. We make our code available for review by independent third parties who verify that it does not collect Personal Information. Certain non-identifying information is necessary to provide features and content of the App and to administer your use of the App (together, the “Service”). The only information that leaves your device is non-identifying Information necessary to provide you with Service, limited to the type of operating system (iOS or Android) on your device, a unique identifier created for your device and the version of the components of the App (“Non-Identifying Information”). Non-Identifying information does not include any Personal Information. Location Permission—For Android Users Only

Google now requires location permissions on certain Android versions to allow us to protect your device against sophisticated Wi-Fi based network attacks. Without Location Permission, the App cannot detect unsecured Wi-Fi and rogue access point threats on Android 9 and 10.
Although the location permission is required to detect certain network threats on Android 9 and 10, NYC Secure never reviews, collects or stores your location data.

Information Sharing and Disclosure

We will not rent or sell your information, nor will we exchange or trade such information with third-parties.

Service Providers

We may employ trusted third party companies and individuals (“Service Providers”) to facilitate our Service, to provide the Service on our behalf, or to assist us in analyzing how the App and Service are used. Service Providers only have access to Non-Identifying Information. The data will only be used to perform these tasks on our behalf and Service Providers are obligated not to disclose or use it for any other purpose. Since we do not use or collect any Personal Information to provide Service, we do not share it. We will not disclose Non-Identifying Information to law enforcement officials or private parties unless required under the law or pursuant to court order.

Security

While we use commercially reasonable means to protect the limited Non-Identifying Information we collect from you, we cannot guarantee its absolute security.

Transparency

We make disclosures of any breach of the security, confidentiality, or integrity of your information as required under New York State Law.

Our Policy Toward Children

We do not collect any Personal Information from anyone through the App, including children under 13; however, if a parent or guardian believes that his or her child has provided us with Personal Information without their parental consent, he or she should contact us at info@zimperium.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Contact Information

All questions should be directed to the New York City at https://secure.nyc.

Agreement version: August 30, 2018