Terms and Conditions

Please read the following privacy policy and terms of use (collectively the “terms and conditions”) relating to your use of the Motorola MOTOTALK Mobile Application (“MOTOTALK”). You must accept these terms and conditions before you can use MOTOTALK. These terms and conditions form the entire legal agreement between you and Motorola Mobility LLC (“Motorola”) relating to your use of MOTOTALK.

Privacy Policy

1. What information does Motorola collect, and how do we use it?

In order to use MOTOTALK, we will assign you an Account Number. Your Account Number is associated with other personal information about you, such as your name and mobile telephone number; and technical metadata about your mobile device, such as its model and serial number. Motorola collects and uses your Account Number to enable you to engage in Push-to-Talk voice communications with other subscribers to MOTOTALK and other compatible push-to-talk networks. Motorola will also collect unique identification information about your device so that we can ensure proper billing for the MOTOTALK service.

Motorola’s servers will also store logs that contain information about how you send and receive communications using MOTOTALK. We use these logs to monitor the performance of the MOTOTALK system and to diagnose connection problems.

To provide technical support to MOTOTALK users and improve the MOTOTALK service, Motorola also collects anonymous information about how you use MOTOTALK. We will never collect the content of your communications unless required to do so by an applicable, court order, or other valid legal process.

2. How does Motorola store and protect my information?

Motorola will retain any information that it collects through MOTOTALK while you have an active MOTOTALK account and store it on servers located in the United States of America. By using MOTOTALK, you allow Motorola to transfer information associated with your MOTOTALK ID from your country of residence to the United States.

Motorola uses industry standard security methods and procedures to protect the information that it collects, but you acknowledge that, like all Internet-connected systems, MOTOTALK can never be 100 percent secure and that Motorola will not be responsible for the failure of its security except in cases of gross negligence or intentional wrongdoing. In addition, because your MOTOTALK ID can store your email and social network account credentials, Motorola will not be responsible for any breach of your personal information that may occur if you share your MOTOTALK ID with third parties.

3. Under what circumstances will Motorola share my information with third parties?

Motorola will never make your information available to third-party marketers or advertising networks.

Motorola will share information collected through MOTOTALK with third parties only to the extent strictly necessary to enable the operation of MOTOTALK and to provide you with technical support for MOTOTALK and support Motorola’s consumer relations and first-party marketing efforts. Motorola will require third party recipients to enter into agreements that protect your information to the same extent as described in this privacy policy.

Motorola will also share information if Motorola has a good-faith belief that such disclosure is necessary to comply with legal process or public policy; to protect the public or an individual's personal safety; or to protect Motorola’s property or interests.

4. What are my choices with respect to Motorola’s use of my information?

If you no longer wish to receive marketing communications from Motorola, you may visit http://optout.motorola.com or follow the directions contained in the email to remove your name from our mailing list(s). Refusing to provide personal information or denying or withdrawing consent to use personal information as identified in this privacy statement may make you unable to participate in certain Motorola-sponsored programs or activities.

Motorola needs access to the information associated with your Account Number for MOTOTALK to function. If you have any questions, or to request further information about Motorola’s data use and collection practices, please contact Motorola at privacy@motorola.com or by mail at:

Motorola Mobility LLC
Attention: Privacy Compliance Program
600 North U.S. Highway 45
Mailstop: W4-35M
Libertyville, Illinois 60048 USA

5. What about my child’s privacy?

We provide MOTOTALK for use by persons age 16 and over. Motorola does not seek to collect information about children under the age of 16. Children under 16 years of age should not submit information to Motorola. We will delete information collected from children under 16 immediately upon discovery and will not use the information for any purpose. Motorola encourages parents to take an active role in their children's use of any interactive service or device, and to inform them of the potential dangers of providing information about themselves over the Internet.

Terms of Use

1. Acceptance. By choosing to set up and use MOTOTALK, you agree to be bound by the terms and conditions of the agreement and consent to become a party to it. Motorola licenses MOTOTALK to you only upon the condition that you agree to all of these terms and conditions without modification. If you do not so agree, you may not set up or use MOTOTALK.

2. Ownership and License. MOTOTALK and its associated components and all documentation, enhancements, and updates to the same, and all intellectual property rights (including but not limited to patent, copyright, trademark, and trade secret rights) remain the sole property of Motorola, its suppliers and licensors, respectively. Motorola does not convey to you any ownership over MOTOTALK, in whole or in part. Your sole right to use MOTOTALK is subject to the license terms contained in this agreement. Motorola grants you a limited, non-exclusive, revocable license to use MOTOTALK as permitted by the agreement..MOTOTALK is protected by the laws of the United States of America and international treaties. MOTOTALK constitutes Restricted Computer Software as that term is defined in Clause 52.227-19(FAR) and is Commercial Computer Software as that term is defined in Subpart 227.471 DFARS). Where applicable, use, duplication or disclosure of MOTOTALK is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights of Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is Motorola Mobility LLC, 600 N. U.S. Highway 45, Libertyville, IL 60048.

3. Permitted Use. You may install and set up MOTOTALK on your mobile device and use MOTOTALK to communicate with other active, registered subscribers to MOTOTALK and other compatible push-to-talk via push-to-talk communication, subject to local laws and regulations governing such activities.

4. Prohibited Uses. You may not use MOTOTALK in any manner not expressly authorized by this agreement, including but not limited to: (a) decompiling, reverse engineering or otherwise attempting to derive the source code of MOTOTALK; (b) modifying, translating, or otherwise altering MOTOTALK’s source or object code; (c) using MOTOTALK for the benefit of a third party except as expressly permitted by law; (d) MOTOTALK in conjunction with any kind of automated software such as but not limited to bots, spiders, malware, viruses, or adware; (e) using MOTOTALK in a manner that would damage Motorola in any way; (f) using MOTOTALK in any manner prohibited by law; (g) using MOTOTALK in any commercial endeavor without Motorola’s express written consent; or (h) transferring MOTOTALK to a third party in any way.

MOTOTALK is not fault-tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance in which the failure of MOTOTALK could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). You agree not to use MOTOTALK in High Risk Activities.

5. Term and Termination. This agreement becomes effective upon your acceptance of the terms and conditions and the earlier of the creation of your Account Number, your installation of MOTOTALK on your mobile device, or your first use of MOTOTALK. It will remain in force until terminated. This agreement will terminate: (a) upon your breach of this agreement; (b) upon your decision to cease using MOTOTALK; or (c) within Motorola’s sole discretion. Upon termination of this agreement, all your rights to use MOTOTALK cease and you must stop using MOTOTALK and where appropriate, uninstall MOTOTALK from your mobile device..

6. No Granting Of Rights To Third Parties: This agreement specifically prohibits you from offering for download, selling, subletting or otherwise offering MOTOTALK, or any portion thereof, in any manner and to any degree. Torrents of MOTOTALK,or any other Motorola software, are expressly prohibited. Motorola and its suppliers and licensors reserves the right to seek monetary damages, initiate copyright infringement action(s), and/or prosecute any person or party who offers MOTOTALK, or any portion thereof, to third parties in any way.

7. Eligibility: You acknowledge and agree if you are under the legal age of majority for your country of residence, or if your use of MOTOTALK has previously been suspended or prohibited, that any license grant provided you is automatically terminated retroactively. BY DOWNLOADING, INSTALLING OR OTHERWISE USING MOTOTALK, YOU REPRESENT THAT YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR PROHIBITED FROM USING MOTOTALK.

8. Representations and Warranties. You represent and warrant that: (a) you are authorized to consent to this agreement under any applicable laws; (b) Motorola has not previously revoked or otherwise terminated your right to use MOTOTALK; (c) that your use of MOTOTALK shall comply with the terms of this agreement and any applicable laws or regulations. Motorola does not warrant that MOTOTALK will meet your requirements; that operation of MOTOTALK will be accurate, current or suitable for use in making personal decisions; that your access to MOTOTALK will be uninterrupted or error free; or that Motorola will correct any errors related to your use of MOTOTALK. You assume all risk as to the quality and performance of MOTOTALK, including but not limited to any health risks. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLEY RESPONSIBILE FOR ANY DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE YOU CAUSE TO YOURSELF, OR OTHERS, BY YOUR USE OF MOTOTALK.

MOTOROLA PROVIDES MOTOTALK "AS IS," AND, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO STATEMENTS FROM MOTOROLA OR ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS MAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF THIS DISCLAIMER IS INVALID UNDER AN APPLICABLE LAW, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE THAT YOU FIRST INSTALL OR USE MOTOTALK.

YOUR INSTALLATION OR USE OF MOTOTALK DOES NOT, IN ANY WAY WHATSOEVER, EXTEND ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES PROVIDED FOR ANY MOTOROLA DEVICE OR OTHER MOTORLA SOFTWARE, PRODUCT, OR SERVICE.

MOTOROLA, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF MOTOTALK IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

9. Limitations on Liability. You acknowledge that your use of MOTOTALK may expose you to security risks associated with the transfer of information over the Internet including but not limited to malware, spam, and hackers. You assume all risk of security breach and data loss associated with your use of MOTOTALK. Motorola, its suppliers or licensors make no guarantees and will have no liability for the security or lack of security relating to MOTOTALK or any sources of content.

UNDER NO CIRCUMSTANCES WILL MOTOROLA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES, ARISING FROM A LEGAL ACTION OR LOST BUSINESS, REVENUES OR ANTICIPATED PROFITS) RELATING TO THIS AGREEMENT OR YOUR USE OR YOUR INABILITY TO USE MOTOTALK OR ANY CONTENT OR OTHER INFORMATION, EVEN IF MOTOROLA OR A MOTOROLA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN CONSIDERATION OF THE LICENSE TO MOTOTALK, IN NO EVENT WILL THE LIABILITY OF MOTOROLA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF MOTOTALK, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE COST OF ONE MONTH OF MOTOTALK SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT MOTOROLA HAS OFFERED MOTOTALK, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MOTOROLA AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOTOROLA. MOTOROLA WOULD NOT BE ABLE TO PROVIDE MOTOTALK TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, AND DOWNLOAD MOTOTALK SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

10. Trademarks. “Motorola,” the Motorola batwing logo, “MOTOTALK” and all other marks and brand names are the property of Motorola and its suppliers and licensors. You agree not to remove, alter, or obscure any such marks or logos that appear as part of MOTOTALK or any associated materials that you may receive. This agreement grants you no right to use such marks other than in conjunction with MOTOTALK.

11. Indemnification. You agree to indemnify, save, and hold harmless Motorola and its affiliates, employees, agents, suppliers, licensors, and partners harmless from any losses including but not limited to damages, reasonable attorney’s fees, and litigation costs arising out of your use of MOTOTALK in violation of this agreement or any applicable law. Motorola reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Motorola, and you agree to cooperate with Motorola’s defense of these claims. Motorola will use efforts it deems reasonable to notify you of any such claim, action, or proceeding upon becoming aware of it.

12. Governing Law. The laws of the state of Illinois, excluding its conflicts of laws provisions, will govern all issues concerning the validity, performance and construction of this agreement.

13. Translations. The English version of this agreement is the controlling version. Any translations are provided for convenience only.

14. Miscellaneous. This agreement constitutes the entire agreement between you and Motorola with respect to MOTOTALK, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Motorola regarding MOTOTALK. This agreement may not be modified or waived except in writing and signed by an officer or other authorized representative of each party. If any provision is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of this agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not waive that party’s as to subsequent enforcement of rights or subsequent action in the event of future breaches. Motorola reserves the right to: (a) add or remove functions, features, or to provide updates, upgrades, or programming fixes to MOTOTALK with or without prior notice to you; (b) require you to agree to a new agreement in order to use any new version of MOTOTALK that it releases; or (c) require you to upgrade to a new version of MOTOTALK by discontinuing service or support to any prior version of MOTOTALK without notice.