Internet of Things Mobile Assistant End-User License Agreement
 

Effective Date: May 28, 2026

This is a license agreement (“Agreement”) between you (called “Licensee” or “You” in this Agreement) and Carnegie Mellon University (called "Licensor" in this Agreement) to use the Internet of Things Assistant mobile application ("IoTA” or “IoTA Mobile App”). All rights not specifically granted to You in this Agreement are reserved to Licensor.

BY CHECKING THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO THESE TERMS AND/OR BY ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX, DO NOT DOWNLOAD OR INSTALL THE APPLICATION, AND EXIT AND UNINSTALL ANY EXISTING INSTALLATION.

BY ACCEPTING THIS AGREEMENT, YOU REPRESENT TO LICENSOR THAT:

  • YOU ARE AT LEAST 18 YEARS OLD AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT;
  • All information that You provide to Licensor is true and accurate, including Your identity, account information and information about You; and
  • You will not use the IoTA Mobile App in violation of any law, rule, ordinance, or regulation applicable to You or this Agreement.

RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Subject to the terms of this Agreement, CMU grants you a limited, non-exclusive, nontransferable, revocable license to:

(a) download, install, and use the Application on a single mobile device owned or controlled by you, solely for personal, non-commercial purposes in connection with CMU's Internet of Things Privacy Infrastructure research project ("IoT PI"), strictly in accordance with this Agreement and the IoT PI Terms of Use available at https://www.iotprivacy.io/terms-of-use ("Terms of Use"); and

(b) access and use, through the Application, the IoT Resource Registry data, IoT Resource Listings, and related content made available through the IoT PI, subject to the Terms of Use and CMU's Privacy Policy available at https://www.iotprivacy.io/privacy-policy ("Privacy Policy"), each of which is incorporated herein by reference.

CMU RIGHTS; CONTENT MODERATION; LAW ENFORCEMENT COOPERATION:

(a) CMU may also terminate this Agreement or suspend or terminate your account, restrict your access to account-dependent features of the Services (including submission and notification features), and/or remove or restrict access to content you have submitted through the IoT PI, at any time and in CMU's sole and absolute discretion, upon: (i) any violation by you of the Restrictions section of this Agreement; (ii) any violation by you of the Terms of Use; (iii) receipt of a credible report that your use of the Application has facilitated or enabled harassment, stalking, doxxing, or the targeting of any individual; or (iv) receipt of a valid DMCA notice establishing that you are a repeat copyright infringer.

(b) Content Removal. Notwithstanding any other provision of this Agreement, CMU reserves the right — but not the obligation — to remove, restrict access to, or prevent the further distribution of any content submitted through the Application, at any time and for any reason, in CMU's sole and absolute discretion. CMU may exercise this right without prior notice to you.

(c) Emergency Removal. CMU reserves the right to immediately remove any content submitted through the IoT Privacy Infrastructure, without prior notice to you, upon receipt of credible information that the content poses an imminent risk of harm to an identifiable individual — including content that constitutes or facilitates doxxing, stalking, or targeted harassment — or upon the request of a law enforcement authority.

(d) Enforcement Discretion. CMU's enforcement of this Agreement is discretionary. The failure of CMU to act with respect to a violation of this Agreement in one instance shall not create an obligation to act in any other instance and shall not constitute a waiver of CMU's enforcement rights.

(e) Law Enforcement Cooperation. CMU reserves the right, in its sole discretion, to cooperate with law enforcement authorities and to disclose account information, submission records, and content accessible through the Application in response to lawful legal process — including subpoenas, court orders, and emergency disclosure requests — or where CMU, in good faith, believes that disclosure is necessary to prevent imminent harm to any individual, address an emergency involving the risk of death or serious bodily injury, or prevent the commission of a crime, consistent with the Terms of Use and Privacy Policy.

The Application is licensed, not sold, to you. No title to or ownership of the Application is transferred to you. All rights not expressly granted herein are reserved by CMU.

Any violation of the Terms of Use shall also constitute a material violation of this Agreement and may result in immediate termination of the license granted herein.

INTELLECTUAL PROPERTY PROTECTIONS: You acknowledge and agree that the Application, including its underlying software, code, interfaces, design, and all related documentation, constitutes the proprietary intellectual property of Carnegie Mellon University and/or its licensors. All copyrights, trademarks, patents, trade secrets, and other intellectual property rights in and to the Application are owned by or licensed to CMU.

Trademarks. "Carnegie Mellon University," "CMU," "IoT Privacy Infrastructure," "IoT PI," "IoTA," and all related names, logos, product names, and slogans are trademarks or service marks of Carnegie Mellon University. Nothing in this Agreement grants you any right or license to use any CMU trademark, service mark, or logo. Any use of CMU's marks without prior written permission is strictly prohibited.

No AI Training Use. You may not use the Application, its outputs, or any content accessible through the Application — including IoT Resource Registry data or IoT Resource Listings — to develop, train, fine-tune, benchmark, or improve any artificial intelligence model, machine learning system, or automated data processing tool, without CMU's prior express written consent.

User Content License. To the extent you submit any content through the Application, you retain any rights you hold in such content but hereby grant CMU a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable license to use, reproduce, distribute, modify, publish, translate, and display such content as necessary to operate the Application and IoT PI, consistent with the Terms of Use and Privacy Policy.

DMCA — Copyright Infringement Notices. CMU respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). If you believe in good faith that any content accessible through the Application infringes a copyright you own or control, you may submit a written notification of claimed infringement to CMU's designated DMCA agent, whose contact information is set forth in the Terms of Use at https://www.iotprivacy.io/terms-of-use. The procedures for submitting DMCA notices, counter-notifications, and CMU's repeat infringer policy are set forth in the Terms of Use and are incorporated herein by reference.

Repeat Infringer Policy. Consistent with 17 U.S.C. § 512(i), CMU has adopted and implements a policy of terminating, in appropriate circumstances and at CMU's sole and absolute discretion, the licenses and accounts of users who are repeat copyright infringers. CMU reserves the right to immediately terminate this Agreement and the license granted herein upon a determination that you are a repeat copyright infringer.

RESTRICTIONS: You will not: (a) disassemble, reverse engineer, decode, decompile, modify (including without limitation writing to tables and/or changing data) or translate the IoTA, or otherwise attempt to derive or obtain the source code of the IoTA or use third party software products or services that do or attempt to do any of the foregoing, (b) Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer or otherwise grant any right in or to the IoTA to any third party, or (c) use the IoTA to infringe or violate the intellectual property or other rights of any person or entity; attempt, in any manner, to obtain the Account, password or other security information from any other user; (d) breach, test, circumvent (or attempt to breach, test or circumvent) any security protection or access management feature in the IoTA or otherwise attempt to gain unauthorized access to Licensor’s computer systems, networks, code or data(e); (e) use the Application or any IoT Resource Registry data accessible through the Application to harass, stalk, intimidate, threaten, or target any individual or group of individuals, including through submission, publication, aggregation, or distribution of content designed or reasonably likely to facilitate such conduct; (f) use the Application, its outputs, or any IoT Resource Registry data to associate surveillance devices or IoT Resources with the personal home address or residence of a private individual in a manner not otherwise publicly available, or in a manner that could reasonably be used to identify, locate, or target a private individual;, unless (A) the individual to whom the personal data relates has explicitly consented to public disclosure of that information through this platform, or (B) the information has been voluntarily made publicly available by that individual without restriction, and in either case, the disclosure is limited to what is necessary for the transparency purpose of the relevant registry; (g) use any robot, spider, scraper, crawler, automated process, Agentic AI, or other automated means to access, copy, index, harvest, or monitor any portion of the Application or any data accessible through it, including any IoT Resource Registry data, without CMU's prior express written consent; (h) use the Application or IoT Resource Registry data to develop, train, fine-tune, or improve any artificial intelligence model, machine learning system, or automated data processing tool without CMU's prior written consent; or (i) use the Application in any manner that violates any applicable federal, state, or local law, regulation, or court order, including but not limited to laws governing privacy, harassment, stalking, computer fraud, and data protection.

If You violate any of the above restrictions, Licensor can and will terminate Your right to access and use the IoTA.

User Submissions and Content Responsibility.

(a) Nature of the Application. The Application enables End Users to discover IoT Resources at different locations, including in their own vicinity (if they grant the IoTA Mobile App access to their location) by querying IoT Resource Registries ("IRRs") maintained through the IoT PI. The Application may also enable End Users to submit content, including IoT Resource Listings and IoT Resource Templates, to CMU's IoT PI platform. CMU does not author, create, generate, select, edit, review, approve, or pre-verify any user-submitted content prior to publication. All content submitted through the Application is submitted exclusively by users, and CMU makes no representations or warranties regarding the accuracy, completeness, legality, or fitness for any purpose of such submissions.

(b) User Responsibility for Submissions. If you submit any content through the Application — including IoT Resource Listings or IoT Resource Templates — you represent and warrant that: (i) you have a lawful basis and sufficient authorization to share and publish the information submitted; (ii) your submission does not violate the privacy rights, intellectual property rights, or other legal rights of any third party; (iii) your submission does not include the home address, personal geolocation data, personal telephone number, personal email address, biometric identifiers, or other sensitive personal information of any private individual, unless that information has been voluntarily made publicly available by that individual in an unrestricted manner; and (iv) you do not intend, know, or recklessly disregard that your submission will be used to harm, harass, stalk, threaten, intimidate, or target any individual.

(c) Alignment with Terms of Use. Your submission of any content through the Application is additionally subject to the full User Representations and Warranties Regarding Submissions and the Prohibited Uses/Activities provisions of the Terms of Use, which are incorporated herein by reference. In the event of a conflict between this section and the Terms of Use with respect to user-submitted content, the Terms of Use shall govern.

(d) No Pre-Screening Obligation. Nothing in this Agreement obligates CMU to pre-screen, review, monitor, or verify any user-submitted content. CMU reserves the right — but not the obligation — to remove, restrict access to, or decline to publish any user-submitted content at any time and for any reason, in CMU's sole and absolute discretion. CMU is not obligated to implement any particular vetting procedure for registry-creation requests or to monitor registry administrators' day-to-day content moderation decisions. CMU's exercise or non-exercise of this right in any particular instance shall not constitute a waiver.

THIRD PARTY SOFTWARE AND SERVICES. The IoTA may be incorporated into, and may incorporate, technology, software, and services owned, licensed and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and You agree to look solely to the applicable third party and not to Licensor to enforce any of Your rights and remedies in relation thereto. You, and not Licensor or such third parties, are solely responsible for all third party license fees and all data, SMS, and mobile carrier charges in connection with the mobile devices on which You have installed the IoTA.

USE OF DATA. All personal data collected through or in connection with the Application is governed by CMU's Privacy Policy, available at https://www.iotprivacy.io/privacy-policy, which is incorporated into this Agreement by reference. By downloading, installing, or using the Application, you acknowledge that you have read the Privacy Policy and consent to all data collection, use, and disclosure practices described therein. To the extent you use the Application to submit privacy requests to IoT resource operators via email, your use of that feature is subject to the terms and disclosures set forth in the Privacy Policy under 'Data We Collect to Manage Your Privacy Requests.'

Geolocation Data. The Application, subject to your authorization through your device's permission settings, accesses your device's precise location data in order to identify IoT Resources in your vicinity and to deliver location-based notifications in accordance with your notification settings. You acknowledge that:

(i) precise geolocation information is sensitive data that can reveal information about your movements, behaviors, and activities;

(ii) you are responsible for managing your device's location-sharing permissions, which can be adjusted at any time through your device's operating system settings;

(iii) CMU provides just-in-time, in-app notice and requests your permission at the time the Application seeks to access sensitive location data, consistent with applicable law and FTC guidance;

(iv) CMU does not use your precise geolocation data to build advertising profiles, engage in cross-context behavioral advertising, or share your geolocation data for commercial purposes unrelated to the Services; and

(v) you are solely responsible for any content you submit through the Application that includes location-linked information about other individuals, including the accuracy and lawfulness of such submissions, in accordance with Section User Submissions and Content Responsibility of this Agreement and the Terms of Use.

Sensitive Location Data — User Responsibility. You agree not to use the Application's location-based features to identify, track, aggregate data about, or target any private individual. You acknowledge that combining IoT Resource Registry data — including IoT Resource locations and operator information — with other publicly or privately available data can create privacy risks for third parties, and you agree to use such data only for the lawful purposes permitted under this Agreement and the Terms of Use.

NOTIFICATIONS. The IoTA Mobile App is designed to provide notice of nearby IoT Resources. You can customize the notification settings for such notices, including the frequency of such notifications, and the types of data collection you want to be notified about. Your notification settings are only stored on your mobile device and are not linked to your account. Your notification settings will be deleted when you uninstall the IoTA Mobile App. By using the IoTA Mobile App, you consent to receive such notifications in accordance with your then-current notification settings.

ASSIGNMENT: You may not assign this Agreement or Your rights hereunder without the prior written consent of Licensor. Any attempted assignment without such consent shall be null and void.

TERM: The term of the license granted by this Agreement is from Licensee’s acceptance of this Agreement by clicking “I Agree” below and is effective until terminated. Licensor, in its sole discretion, may terminate this Agreement, and may suspend or discontinue the IoTA or any service to which it connects for any reason and without prior notice.

The Agreement automatically terminates without notice if You fail to comply with any provision of this Agreement. To the extent your use of the Application is subject to a separate consent to participate in a CMU IRB-approved research study in which you have separately enrolled, you acknowledge that Licensor may terminate your use of the Application with respect to that study if you withdraw your consent. Licensee may terminate this Agreement by ceasing use of the Application and deleting all copies of it from your device. You may also delete your account through the in-app account deletion feature. If your account is associated with any published IoT Resources or IoT Resource Registries for which you are the owner, you will be required to transfer ownership of those resources before account deletion can proceed. Upon account deletion, CMU will permanently and irreversibly anonymize all personally identifiable information associated with your account as described in the Privacy Policy. Deletion of your account does not affect any content previously submitted to the IoT PI that has been made publicly available, subject to the terms of the Privacy Policy and Terms of Use. The parties hereby agree that all provisions which operate to protect the proprietary rights of Licensor shall remain in force should breach occur, and that all terms and conditions that would, by their nature, survive the term of the Agreement will do so.

DISCLAIMER OF WARRANTIES; NO ASSUMPTION OF LIABILITY; NO WAIVER OF CLAIMS: THE APPLICATION IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR OF NON-INFRINGEMENT. Licensor is not assuming any risks or offering any compensation for any damages or liabilities or other harm incurred as a result of or related to Your use (or inability to use) the IoTA, including without limitation, liability or responsibility for errors, mistakes, or inaccuracies of content or liability or responsibility for personal injury (including death) or property damage of any nature resulting from the use of the IoTA, and in no event shall Licensor be liable for any indirect, incidental, consequential, punitive, or any other damages of any kind arising out of or related to the access and use of or inability to access and use the IoTA, even if Licensor has been advised of the possibility of such damages. You hereby irrevocably and unconditionally remise, release and forever waive any and all manner of claims, suits, actions or demands (“Claims”) against Licensor arising out of or relating to the access and use of or inability to access and use the IoTA, whether arising out of any of Licensor’s negligence or otherwise, including claims involving any bodily injury, death and/or property damage arising in connection with the use of the Application. The foregoing does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.

WITHOUT LIMITING THE FOREGOING DISCLAIMERS, CMU MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND — EXPRESS, IMPLIED, OR STATUTORY — THAT:

(i) ANY IOT RESOURCE LISTING, IOT RESOURCE TEMPLATE, OR OTHER USER-SUBMITTED CONTENT ACCESSIBLE THROUGH THE APPLICATION IS ACCURATE, COMPLETE, CURRENT, LAWFUL, OR FIT FOR ANY PARTICULAR PURPOSE;

(ii) THE IDENTITY OF ANY PERSON OR ORGANIZATION IDENTIFIED AS AN OPERATOR OR OWNER OF AN IOT RESOURCE IN ANY USER SUBMISSION HAS BEEN INDEPENDENTLY VERIFIED BY CMU; OR

(iii) THE PRESENCE OR ABSENCE OF ANY IOT RESOURCE IN ANY REGISTRY CONSTITUTES A CERTIFICATION, ENDORSEMENT, OR FINDING BY CMU REGARDING SUCH IOT RESOURCE. ANY PERSON WHO RELIES ON USER-SUBMITTED REGISTRY CONTENT — INCLUDING ANY PERSON WHO REVIEWS AN IOT RESOURCE LISTING OR ACCESSES INFORMATION THROUGH THE APPLICATION — DOES SO ENTIRELY AT THEIR OWN RISK. CMU EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR HARM ARISING FROM RELIANCE ON INACCURATE, FALSE, MISLEADING, OR UNLAWFULLY SUBMITTED USER CONTENT. CMU IS NOT THE PUBLISHER OR SPEAKER OF USER-SUBMITTED CONTENT FOR PURPOSES OF APPLICABLE LAW, INCLUDING 47 U.S.C. § 230.

LICENSOR DOES NOT REPRESENT, PROMISE, WARRANT, OR GUARANTEE THE PRIVACY OR SECURITY OF ANY TRANSMISSION OR OF ANY DATA, WHETHER AT REST OR TRANSPORTED VIA THE INTERNET, CELLULAR OR NETWORK SERVICES, OR OTHERWISE, AND YOU ACKNOWLEDGE THAT THE INTERNET AND CELLULAR AND NETWORK SERVICES AND Your ACCESS TO AND USE OF THE LICENSOR SOFTWARE AND DATA USING THE APP ARE CAPABLE OF BEING INTERCEPTED BY THIRD PARTIES WITHOUT THE KNOWLEDGE OR PERMISSION OF LICENSOR AND ITS LICENSORS AND SUPPLIERS. ANY INTERCEPTION OR UNAUTHORIZED ACCESS TO OR USE OF THE LICENSOR SOFTWARE OR ANY DATA, WHETHER IN TRANSMISSION OR AT REST, OR ANY LACK OF PRIVACY OR SECURITY, THROUGH USE OF THE APP OR OTHERWISE WILL BE YOUR RESPONSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CMU AND THE CMU INDEMNITEES SHALL HAVE NO LIABILITY TO YOU, ANY USER, OR ANY THIRD PARTY ARISING FROM OR RELATED TO:

(A) ANY USER-SUBMITTED CONTENT, INCLUDING ANY IOT RESOURCE LISTING, IOT RESOURCE TEMPLATE, OR OTHER INFORMATION SUBMITTED BY ANY USER THROUGH THE APPLICATION OR TO ANY IOT RESOURCE REGISTRY, REGARDLESS OF WHETHER CMU HAS BEEN INFORMED OF THE POSSIBILITY THAT SUCH CONTENT IS INACCURATE, HARMFUL, OR UNLAWFUL;

(B) THIRD-PARTY HARM ARISING FROM THE IDENTIFICATION, TARGETING, HARASSMENT, STALKING, OR DOXXING OF ANY INDIVIDUAL IN CONNECTION WITH USER-SUBMITTED CONTENT ACCESSIBLE THROUGH THE APPLICATION;

(C) MISUSE OF IOT RESOURCE REGISTRY DATA, INCLUDING THE MISUSE OF ANY IOT RESOURCE REGISTRY OR IOT RESOURCE LISTING BY ANY USER OR THIRD PARTY FOR PURPOSES NOT AUTHORIZED UNDER THIS AGREEMENT OR THE TERMS OF USE OR NOT AUTHORIZED BY APPLICABLE LAW;

(D) YOUR USE OR MISUSE OF ANY GEOLOCATION DATA OR LOCATION-LINKED INFORMATION ACCESSIBLE THROUGH THE APPLICATION, INCLUDING ANY HARM ARISING FROM THE ASSOCIATION OF SUCH DATA WITH THE IDENTITY OR LOCATION OF ANY PRIVATE INDIVIDUAL; OR

(E) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY OF THE FOREGOING, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR OTHERWISE, EVEN IF CMU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(F) ANY REPRESENTATION OR CONFIRMATION MADE BY ANY IOT RESOURCE OPERATOR REGARDING WHETHER OR HOW IT HAS HONORED A PRIVACY REQUEST, WHETHER TRANSMITTED THROUGH THE SERVICES OR OTHERWISE.

HOWEVER, THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY CLAIMS ARISING FROM THE MALPRACTICE, NEGLIGENCE, BLAME, FAULT, OR GUILT ON THE PART OF THOSE INVOLVED IN ANY CMU IRB-APPROVED RESEARCH STUDY IN WHICH YOU HAVE SEPARATELY ENROLLED (INCLUDING CMU), AND SHALL NOT APPLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF LIABILITY FOR SUCH CLAIMS.

Indemnification.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CMU and its trustees, officers, directors, faculty, employees, agents, contractors, licensors, research collaborators, and service providers (collectively, the "CMU Indemnitees") from and against any and all claims, demands, liabilities, losses, damages, judgments, awards, settlements, costs, and expenses — including reasonable attorneys' fees — arising out of or relating to:

(a) your access to or use of the Application, including any use of the Application by any person to whom you have granted access;

(b) any content you submit through the Application, including any claim that such content infringes, misappropriates, or violates any intellectual property right, privacy right, right of publicity, or other right of any third party, or that such content is false, misleading, defamatory, or harmful;

(c) your violation of any provision of this Agreement, including the Restrictions section;

(d) your violation of any applicable law, regulation, or court order in connection with your use of the Application;

(e) your harassment, stalking, doxxing, or targeting of any individual in connection with your use of the Application or any IoT Resource Registry data accessible through the Application; or

(f) any dispute between you and any other user or any third party arising out of or in connection with your use of the Application.

CMU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with CMU's defense. This indemnification obligation shall survive termination of this Agreement.

APP PLATFORM TERMS. When You download the IoTA from a third-party app store (the “Application Platform”), You acknowledge and agree that:

  • These Terms are an agreement between us and not with the Application Platform. As between Licensor and the Application Platform, Licensor is solely responsible for IoTA.
  • The Application Platform has no obligation to provide any maintenance and support services with respect to the IoTA.
  • In the event of any failure of the IoTA to conform to any applicable warranty, (i) You may notify the Application Platform and the Application Platform may refund the purchase price for the IoTA to You (if applicable), (ii) to the maximum extent permitted by applicable law, the Application Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Licensor and the Application Platform, Licensor’s responsibility.
  • The Application Platform is not responsible for addressing any claims You have relating to the IoTA or Your possession and use of the IoTA.
  • If a third party claims that an application infringes another party’s intellectual property rights, as between the Application Platform and Licensor, Licensor is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
  • The Application Platform and its subsidiaries are third-party beneficiaries of this Agreement as it relates to Your license to the IoTA. Upon Your acceptance of the terms and conditions of this Agreement, the Application Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the applications against You as a third-party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the applications.

If this Agreement conflicts with the Application Platform Terms, then the Application Platform Terms shall apply with respect to access and use of the IoTA or any other mobile application operated by Licensor.

Severability. If any provision of this Agreement is held invalid or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Entire Agreement. This Agreement, together with the Terms of Use and Privacy Policy, constitutes the entire agreement between you and CMU with respect to the Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral. In the event of a conflict between this Agreement and the Terms of Use, the Terms of Use shall govern with respect to platform-level content obligations; this Agreement shall govern with respect to the specific software licensing relationship established herein.

Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any legal action or proceeding arising out of or related to this Agreement shall be subject to the dispute resolution and venue provisions of the Terms of Use, which are incorporated herein by reference, including CMU's right to elect binding arbitration before the American Arbitration Association.

Amendments. CMU reserves the right to revise this Agreement at any time in its sole discretion. Revised terms will be effective upon posting. Your continued use of the Application following the posting of any revised Agreement constitutes your acceptance of and agreement to the revised terms.

OTHER TERMS.

You understand and agree that Internet and cellular connectivity may be unreliable and that Licensor is not offering responsibility or compensation for any interruptions in or Your inability to access and use the IoTA, including without limitation those caused by interruptions in or lack of connectivity to the Internet or to cellular or network services or to third party Internet, cellular, or network service providers or bugs or errors in the IoTA or Your own software.

You, and not Licensor, are solely responsible for the accuracy of data You provide to and use with the IoTA and Your own software.

You are responsible for the cost of and the security of Your own access to the Internet and to cellular and network services.