ZenKey Powered by AT&T

Terms of Service and End User License Agreement

AT&T Mobility LLC ("AT&T"), licenses the ZenKey Powered by AT&T application (the "Application" or "App") to You, conditioned upon your acceptance of this End User License Agreement ("Agreement" or "License").

BY CLICKING "I AGREE" OR "ACCEPT", OR BY DOWNLOADING, INSTALLING OR USING THIS APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO ITS TERMS; (B) ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER; (C) ACKNOWLEDGE THAT IN NO EVENT IS THIS APP TO BE USED BY PERSONS UNDER THE AGE OF 13; (D) AGREE TO ABIDE BY THE AT&T ACCEPTABLE USE POLICY, http://www.att.com/legal/terms.aup.html, (E) AGREE TO TERMS OF THE AT&T PRIVACY POLICY, http://www.att.com/gen/privacy-policy?pid=2506, AND (F) AGREE TO THE TERMS OF THE MOST CURRENT AT&T WIRELESS CUSTOMER AGREEMENT, http://www.att.com/legal/terms.wirelessCustomerAgreement-list.html ("WCA"), WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, FULLY APPLIES TO YOUR USE OF THIS APP. IN THE EVENT OF A CONFLICT BETWEEN THIS LICENSE AND THE WCA, THE APPLICABLE PROVISION OF THE WCA SHALL CONTROL.

If at any time after reviewing or using the App You wish to terminate such use or this License, You must un-install and remove the App from Your Device, and delete any copy in Your possession. This License will automatically terminate if You are not, or are no longer, an AT&T subscriber subject to the terms of the WCA.

  1. DEFINITIONS:
    1. "AT&T," "We," "Our" and "Us" mean AT&T Mobility LLC and its parents, subsidiaries, affiliates, agents, employees, successors and assigns;
    2. "ZenKey Powered by AT&T" means the App, any website, software, content or services provided in connection with the App, and any updates to these items;
    3. "You," "Your" and "Licensee" mean an individual who downloads or uses the App and any person or entity represented by that individual;
    4. "Profile" means the telephone number of Your device and any information that You enter on the Profile page of the App which may include any or all of first name, last name, email address, zip code, full mailing address, social security number, date of birth, or ZenKey PIN (which You will create when You install the App). Some of these data fields may not be implemented in early releases of the App. Additional data fields may be added to the Profile in future releases. You may leave any data field in the Profile blank except for telephone number and ZenKey PIN, but a Service Provider may require additional personal information in order to authenticate into their service securely.
    5. "Service Provider" or "SP" means a company or other entity that permits You to authenticate Your identity using the App.
  2. THE APP:
    1. In General:
      1. Authentication: The App allows You to authenticate Your identity to a participating Service Provider. Specifically, the App allows the SP to verify that certain actions are originating on Your mobile phone. If You register an SP in the App, then when You login to the SP's services from Your mobile phone, You will be given an option to login with ZenKey Powered by AT&T. You may choose to use Your SP's usual login procedure, if, any, which may require You to manually enter a user ID and password. You are in control of which SP You wish to use the App for and which specific data elements from Your Profile You wish to disclose to a particular SP. You have the choice to disclose different data elements from Your Profile to different SPs. Early versions of the App may not implement toggling individual data elements on or off. If You have difficulties with toggling individual elements on or off, You should de-register and then re-register the SP with the correct elements selected.
      2. Additional Authorization: In addition to providing a convenient way to log in to Your SP's services, You and Your SP may also choose to use the App to do additional authorization. For example, if You instruct Your bank to make a large money transfer, Your bank may request that You enter Your ZenKey PIN or use Your fingerprint or other biometric authorization in order to get stronger verification that You, and not someone else, are the person requesting the transfer.
      3. Trusted Browsers: In addition to directly accessing Your SP's services through Your mobile phone, an SP may permit You to use the App to authenticate Your identity when You use a browser on Your personal computer or tablet to access the SP's website. Once You have used the App to authenticate Your identity on a browser, Your SP will place a cookie in Your computer or tablet's browser cookie file so that You do not need to authenticate again for that browser on that device. If You clear the cookie file or use a different browser, You will need to authenticate again. In order for this process to work properly, You need to enable notifications for the App on your mobile phone. You will be given an opportunity to do this during the setup process, but if you wish to change the notification setting after that, you should go to "Settings" and "Notifications" on your mobile phone.
      4. Video Streaming Devices: Some video streaming devices may permit You to authenticate Your identity through the App. You should follow the instructions provided by the SP for that streaming device.
    2. Location Information: The App will not disclose Your location information to Your SP.
    3. Personal Information:
      1. In connection with Your installation of the App, AT&T will hold certain personal information about You which will include information in Your Profile and information that uniquely identifies Your mobile telephone device and the SIM that it is associated with. Any information disclosed to AT&T through the App will be stored in databases controlled by AT&T. Information will be disclosed to Your SPs only if You consent, and such information will not be shared with third parties for any purpose other than providing You with the App's services and for billing SPs in connection with those services. With regard to information requested by Your SP, You will be in control of precisely which data elements in Your Profile will be disclosed to Your SP. Once the information has been disclosed to Your SP, the privacy and security of the information will be controlled by the terms of Your agreement with Your SP. Your SP may require certain data elements in order to login or perform certain transactions (for example, Your email address), and if You decline to disclose those data elements to Your SP, Your SP may decline to permit You to login or to perform those transactions.
      2. If You change data elements in Your Profile, the changed data element will be provided to Your SP the next time You access Your SP's services through the App. For example, if You use the App to access Your bank account, and You change Your email address in the App, the next time You access Your bank's services through the App, the new email address will be disclosed to the bank (if You have authorized disclosure of email address to Your bank). If Your bank is expecting to see Your old email address, this may cause Your bank to require additional authentication of Your identity.
      3. If You have registered an SP in the App, the SP may in some cases request to receive certain information is relevant to its security procedures. This information may include (i) whether a SIM change on Your mobile phone has occurred recently, (ii) whether You are contacting the SP from a new mobile phone, (iii) changes to data elements in Your Profile that You have authorized the SP to access, (iv) notification that You have de-registered the SP from the App, (v) verification that the person contacting the SP is not someone who has "spoofed" Your telephone number, and (vi) excessive failed password attempts. Other security related notifications may be added in the future. Your registration of the SP on the App will constitute Your consent to disclose this information to the SP; if You do not wish to have this information disclosed to the SP, then You should not register the SP on the App.
    4. Scope of License: This License applies only to ZenKey Powered by AT&T. In particular, it does not change any terms of Your agreement with any of Your SPs. For example, if You have installed an app from Your bank on Your mobile phone, and You use ZenKey Powered by AT&T to login to Your bank's app, Your use of Your bank's app is subject to Your agreement with Your bank. This License applies only to the functions of the App. The functions of the App consist of Initial Setup of the App, the process by which You register usage of the App with an SP, the process by which You login to Your SP's services, and the process by which You provide any additional authorization to Your SP through the App.
    5. Your Responsibilities:
      1. Secure Your Device: It is important to secure Your mobile phone. You should make sure that Your mobile phone is secured by some or all of a password, PIN, or fingerprint or other biometric authorization. Do not record Your ZenKey PIN in a place where an unauthorized person can find it. In order to set up the App on a new phone, you will need to enter your ZenKey PIN.
      2. ZenKey PIN Recovery Processes: During the setup process, You will be given choices of processes that You can use to recover Your ZenKey PIN if you forget it. It is very important that you complete these steps in order to avoid significant delays in getting Your ZenKey PIN recovered or replaced.
  3. LICENSE GRANT AND USE RESTRICTIONS.
    1. License Grant. Subject to the restrictions set forth in Section 3.2, AT&T grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use a copy of the App on a mobile phone owned and controlled by You ("Device"), and to access and use the App on such Device, strictly in accordance with the terms and conditions of this License, and all applicable local, national, and international laws and regulations.
    2. Restrictions on Use. You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App, for any purpose; (b) modify, adapt, improve, or create any derivative work from the App; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the App; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of AT&T or its collaborators, suppliers or licensors; (e) use the App in a manner that derives revenue directly from such use, or use the App for any other purpose for which it is not designed or intended; (f) install, use or permit the App to exist on any other device or computer; (g) distribute the App to multiple Devices; (h) make the App available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the App for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by AT&T; (j) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of AT&T or other intellectual property of AT&T in the design, development, manufacture, licensing or distribution of any Apps, accessories or devices for use with the App; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the App or the Device or (m) reproduce, archive, retransmit, distribute, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the App. You agree to abide by the rules and policies established from time to time by AT&T. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability, or performance issues. These obligations survive termination of this License.
  4. INTELLECTUAL PROPERTY RIGHTS.
    1. Rights to App. The App (including its source and object code), any copies thereof (whether or not present on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AT&T or its collaborators, licensors, or suppliers. The source and object code of the App are the proprietary and confidential information of AT&T and its collaborators, licensors and suppliers. The App is licensed, not sold, to You. Title to the App shall remain with AT&T. AT&T and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the App (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the App by implication, estoppel or other legal theory, and all rights in and to the App not expressly granted in this License are hereby reserved and retained by AT&T. These obligations survive termination of this License.
    2. AT&T Marks. The following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from AT&T: "AT&T"; "ZenKey Powered by AT&T" (the "AT&T Marks"). You are not authorized to use the AT&T Marks in any advertising, publicity or in any other commercial manner without the prior written consent of AT&T, which may be withheld for any or no reason. These obligations survive termination of this License.
    3. Open Source Software. The App may include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the App is subject to and governed by the terms and conditions of any applicable open source license (the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
  5. NO RESPONSIBILITY FOR THIRD PARTY CONTENT AND SERVICES. The App may permit access to products, services, websites, advertisements, and content from advertisers, publishers, vendors and other third parties ("Third Party Content and Services"). Your use of Third Party Content and Services may be subject to additional terms of use set by the third parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. AT&T does not investigate, monitor, represent, endorse or publish the Third Party Content and Services. AT&T reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the App. AT&T shall have no liability to You arising out of or in connection with Your access to and use (or misuse) of the Third Party Content and Services.
  6. TERM AND TERMINATION. This License shall be effective until terminated. AT&T may, in its sole and absolute discretion, at any time and for any or no reason, disable the App, or suspend or terminate this License and the rights afforded to You hereunder, with or without prior notice or other action by AT&T. Upon the termination of this License, You shall cease all use of the App and uninstall the App. AT&T will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy AT&T may have, now or in the future. These obligations survive termination of this License.
  7. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE APP, INCLUDING ALL CONTENT CONTAINED THEREIN OR ACCESSED THEREBY, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APP IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APP, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APP WILL MEET YOUR REQUIREMENTS; (II) THE APP WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APP WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APP WILL BE CORRECTED OR THAT THE APP WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE APP IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT AT&T AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APP PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION 8 SHALL SURVIVE TERMINATION OF THIS LICENSE.

    NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE WCA MAY PROVIDE LIMITED REMEDIES TO YOU.

  8. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL AT&T, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APP, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AT&T'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (i) THE INITIAL PURCHASE PRICE PAID BY YOU FOR THE APP, (ii) THE AGGREGATE AMOUNT YOU PAID TO AT&T FOR THE APP DURING THE ONE MONTH PRECEDING THE DATE THAT THE CLAIM ARISES, OR (iii) TWO DOLLARS ($2.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION 9 SHALL SURVIVE TERMINATION OF THIS LICENSE.
  9. INDEMNIFICATION. You shall indemnify, defend and hold harmless AT&T and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: (i) Your access to or use of the App or Third Party Content and Services; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party. You will promptly notify AT&T in writing of any third-party claim arising out of or in connection with Your access to or use of the App. These obligations survive termination of this License.
  10. MISCELLANEOUS. The following provisions survive termination of this License:
    1. Governing Law, Limitation on Actions. This License shall be deemed to take place in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and AT&T agree that any cause of action arising out of or relating to this License, the Application or Your use of the App must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision of the WCA. Otherwise, such cause of action is permanently barred. This Section 11.1 is not intended to and does not alter any provisions of the WCA.
    2. Contact Information. You may reach AT&T Customer Service by dialing 611 from Your Device if You are an AT&T Wireless service subscriber or 1-800-331-0500 or visit http://www.att.com/myatt.
    3. Severability. If any provision of this License is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
    4. Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
    5. Export Control; Lawful Use. You may not export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained. You represent and warrant that You are not located and will not use the App in any country that is (a) subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You may not use the App in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the App, or (b) by local law, in the jurisdiction(s) in which You use the App.
    6. Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the App to any third party without AT&T's prior written approval.
    7. Modification or Amendment. To the extent not prohibited by law, AT&T may modify or amend the terms of this License at any time, with or without direct notice to You, by posting a copy of the modified or amended License available through the App or at https://www.att.com/legal/legal-policy-center.html. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the App following the date in which the modified or amended License is made available through the App or the referenced website.
    8. Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
    9. Third Party Beneficiaries. Except as explicitly provided in this License or in incorporated agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
    10. No Transfer by You. Any attempted transfer by You in contravention of this License shall be null and void. These obligations survive termination of this License. AT&T may assign this License without restriction.
    11. DMCA Copyright Notifications. You may send AT&T a valid notification of claimed copyright infringement under the Digital Millennium Copyright Act ("DMCA"). AT&T's designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:

      Manager of Security & Copyright Infringement,
      1800 Perimeter Park Drive, Suite 100
      Morrisville, NC 27560
      E-mail: copyright@att.com

      For further information, see https://www.att.com/legal/terms.dmca.html
    12. Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the App licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.