Filip

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Nature Real
ID Name FiLIP
Provider FiLIP Technologies, Inc.
Description A communication and location wearable device (similar to a watch) and service for children, which helps parents to monitor them.
Country USA
Release Date 17.07.2015 (date of the analysis)
Link http://www.myfilip.com/
Topics
Correlated texts

Notes

"FiLIP provides a wireless device and service to help parents/guardians communicate with, monitor, track and locate their children. This is a data driven service" (Source: Privacy Policy).

Components:

  • device:
    • hardware: mobile device similar to a watch
    • software: software embedded in the Filip device
  • service:
    • website
    • online service
    • mobile application (Filip App); through it, the device can be configured, monitored and contacted; it is necessary in order to operate the device
    • AT&T Airtime: this part of the service is not provided by Filip Technologies, Inc., but it is anyway necessary in order to use the device

N.B. From the contractual terms, it results that the FiLIP Service includes also the device, and - given the fact that no distinction is made between the hardware and the software part of the device - we can infer the device includes both the hardware and the software. So: hardware and software constitute the device; device, website, online application and mobile application constitute the "FiLIP Service". Therefore, the "FiLIP Service" correspond to our definition of IoT product (hardware + software + service).

Contractual characteristics

Links to Terms&Conditions: http://www.myfilip.com/terms-of-service/ (Terms of Service); http://www.myfilip.com/warranty/ (Warranty); http://www.myfilip.com/privacy-policy/ (Privacy Policy); http://www.att.com/legal/terms.wirelessCustomerAgreement.html (AT&T Wireless Customer Agreement)

Date of Terms&Conditions: 12.05.2015 (Terms of Service); 12.05.2015 (Warranty); October 2014 (Privacy Policy); 20.07.2015 (AT&T Wireless Customer Agreement)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
The Warranty doesn't apply if: the device hasn't been used in compliance with the User Manual; the customer has abused of the device; the device has been used in combination with accessories, hardware or software not provided by the device manufacturer; the device has been altered, modified or tampered with by the customer itself or third parties. N.B. The term "device" here refers both to the hardware and the embedded software (see CC4 and the Notes at the top of the page).

The device manufacturer reserves the right to terminate the customer's account and all or a portion of access to the FiLIP Service (therefore, to any components or the entire FiLIP product, device included: see the Notes at the top of the page) if the customer doesn't comply with the Terms of Service (which include prohibition of reverse engineering, decompilation or modification of any part of the FiLIP Service, or realization of derivative works), or if the wireless carrier ceases to provide the customer with the wireless connection.


The website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Terms of Service).

This warranty covers any defects in materials or workmanship in the FiLIP TM Device under normal use when used in compliance with the User Manual. [...] This warranty is only available to the original purchaser of the FiLIP Device (Source: Warranty).

FiLIP provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized FiLIP reseller, subject to the limitations and terms of the warranty disclosure (Source: Terms of Service).

[W]e may suspend, limit or terminate your account, or all or a portion of your access to the FiLIP Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to FiLIP or (3) AT&T is no longer providing you with wireless airtime for the Device (Source: Terms of Service).

No part of the FiLIP Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the FiLIP Service, without the prior written consent of FiLIP (Source: Terms of Service).

This warranty does not cover defects or malfunctions caused by abuse, [...] usage contrary to the User Manual, accessories or hardware/software not provided by Filip Technologies, [...] or other damaged caused other than a defect or malfunction in the design or operation of the Device. This warranty is void if the Device is altered, modified or tampered with by any party other than Filip (Source: Warranty).

AT&T Wireless Service(s) may be used with: (a) a mobile device that contains a SIM that is assigned to your account (“Device”) and/or, (b) a device that is designed and purchased for use exclusively on AT&T's network ("Equipment") (Source: AT&T Wireless Customer Agreement).

You agree that you won’t make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems (Source: AT&T Wireless Customer Agreement).

2. Does the provider reserve to himself the right to modify/delete his own content? Not processed
3. Does the provider reserve to himself the right to modify/delete consumer content? Not processed
4. Is the title on software explicitly transferred to the consumer? Not available
No information is given by FiLIP Technologies, Inc. about the embedded software, except for the possibility of automatic updates. However, given the fact that the device manufacturer doesn't make an express distinction between the hardware part of the device and the FiLIP software embedded in it, we can infer the applicability - to the embedded software - of what stated in CC5 about the hardware (because CC5's considerations are based on contractual terms that all refer generally to the "device").

However, we must remember that the customer must also to sign an agreement with AT&T carrier, because without the latter's wireless service provision, the device is useless. Well, AT&T contractually states that the software provided by AT&T for the customer's FiLIP device is only licensed and not sold, and that the customer can't transfer it. But only concluding the agreement with AT&T - and not simply paying for the device - the customer is subject to AT&T contractual terms; therefore, we might infer that the "AT&T software" does not refer to software already present on the device at the time in which the customer acquires the device: in fact, even if AT&T results to be a third party beneficiary of FiLIP Terms of Service, these terms don't include any reference to AT&T software, and they simply state that AT&T has the right - under the FiLIP Terms of Service - to enforce FiLIP Terms of Service, and not its own Terms.


The software, interfaces, documentation, data, and content provided for your Equipment as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by AT&T (hereinafter “Software”) is licensed, not sold, to you by AT&T and/or its licensors/suppliers for use only on your Equipment. Your use of the Software shall comply with its intended purposes as determined by us, all applicable laws, and AT&T’s Acceptable Use Policy at att.com/AcceptableUsePolicy. You are not permitted to use the Software in any manner not authorized by this License. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by AT&T and/or its licensors/suppliers. AT&T and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice and will have no liability for doing so. You acknowledge AT&T’s Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement (Source: AT&T Wireless Customer Agreement).

Third Parties: Platform providers, such as AT&T®, Apple®, Google® and other third party carriers, platform or software providers and device manufacturers ("Platform Providers") are not parties to these Terms of Service. [...] Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof (Source: Terms of Service).

5. Is the title on hardware explicitly transferred to the consumer? Not available
On one hand, on the website, there is the button "Buy now", and the Terms of Service state that the Warranty applies to the original purchaser of the device, which seems to imply that a resale is possible.

On the other hand, the Terms of Service contain the following statement: "We are the exclusive owner or authorized licensors of the FiLIP Service [...]. [Y]ou acknowledge that the FiLIP Service is the exclusive property of FiLIP, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights", and we must remember that the expression "FiLIP Service" also includes the device. It is also stated that those rights that aren't granted under the Terms of Service are reserved by the device manufacturer, and nowhere in the Terms of Service or in the related documents there is a reference to an ownership right granted to the customer. Moreover, it is not possible to find on the website any "Terms of Sale" or "General Conditions of Sale" documents, even if it is online directly available.

However, those clauses (see CC9) which authorize FiLIP to terminate the FiLIP Service (which includes the device) don't seem to extend to customer's obligation to return the device to FiLIP, Inc.: this may be another clue of the fact that the property on the device is transferred from FiLIP to the device's acquirer. Furthermore, even if the expression "FiLIP Service" includes also the device, it seems to refer to access and use of the device, and not to ownership and/or possession of the device itself.


"Buy now" (Source: http://webshop.myfilip.com/).

YOUR ACCESS AND USE OF THE FILIP SERVICE IS SUBJECT TO THESE TERMS OF SERVICE (Source: Terms of Service).

The website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Terms of Service).

We are the exclusive owner or authorized licensors of the FiLIP Service [...]. [Y]ou acknowledge that the FiLIP Service is the exclusive property of FiLIP, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights (Source: Terms of Service).

FiLIP Technologies, Inc. (“FiLIP”) provides the website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Privacy Policy).

All rights not granted under these Terms of Service are reserved by FiLIP (Source: Terms of Service).

FiLIP provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized FiLIP reseller, subject to the limitations and terms of the warranty disclosure (Source: Terms of Service).

6. Is the consumer forbidden from reselling the device? Not available
On one hand, it is possible that the entire "FiLIP Service" results to be property of the device manufacturer (see CC5). Moreover, the Terms of Service state that the customer can't "resell use of, or access to, the FiLIP Service to any third party".

It is however interesting to observe how the resale prohibition is referred to the access and use of the FiLIP Service (which includes the device), and not to the FiLIP Service (and therefore also the device) itself: an explanation can indeed be found in the fact that the ownership on the device is transferred, but its access and use - requiring other features provided by FiLIP (app, account...) - are subject to the Terms of Service. Well, the Terms of Service state that FiLIP Technologies, Inc., considers as its customer only the one who registers the device (therefore it disregards the identity of the actual device's purchaser): therefore, (if we assume that the device is actually subject to a sale) it seems that device's property can change hands without restrictions, but the only who can access and use the device is the one who has registered it, irrespective of the identity of the device's owner.

We must also highlight that the Terms of Service state that the Warranty applies to the original purchaser of the device, which seems to imply that a resale - even if of the sole device - is possible.

Moreover, under a technical perspective, we should verify if it is materially possible or not to definitively disconnect a device from the customer's account (i.e. to unregister it) in order to connect it with another account: if this is possible, the contractual limitations coming from the prohibition of transferring the right to access and use the FiLIP Service would be reduced almost to zero, because the new customer will simply have to create a new account and to make a new setting of the device through the app: it is true that, in this case, FiLIP may be aware of the transfer, but we should also wonder if in this case it would be advantageous for FiLIP to stop providing the service; indeed, in this case, it would lose access to all the data that the device could still collect.


You may not resell use of, or access to, the FiLIP Service to any third party (Source: Terms of Service).

FiLIP provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized FiLIP reseller, subject to the limitations and terms of the warranty disclosure (Source: Terms of Service).

We are the exclusive owner or authorized licensors of the FiLIP Service [...]. [Y]ou acknowledge that the FiLIP Service is the exclusive property of FiLIP, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights (Source: Terms of Service).

Our customer is the individual who has registered the FiLIP Device. We are under no obligation to respond to requests, inquires, demands or communications from any party (such as another family member) other than our customer (Source: Terms of Service).

FiLIP hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the FiLIP App solely on devices and web browser installations that you own or manage (Source: Terms of Service).

7. Is the consumer forbidden from transferring the account? No
The one who registers the device is considered by FiLIP as the sole customer of that device, and thus FiLIP will comply with its obligations only towards that person. This subject has the right to download the FiLIP App on his own devices, and he can also invite other people to download it on their own devices: in this way, the customer will be able to qualify them as "guest users" of the device and thus to allow them to access some features.

It is true that the Terms of Service state that the customer can transfer the license to use the FiLIP App, on the proviso that this other party accepts the Terms of Service. However, we believe that this clause has been introduced only to enable other people to download the FiLIP App on their mobiles in order to benefit from the App as "guest users"; we exclude, on the contrary, that this provision is able to allow the customer to transfer the right to access and use the entire FiLIP Service (which includes not only the App, but also the device) to someone else, because i. this license transfer possibility concerns only the App, and it is expressly stated that those rights that are not conferred to the customer by the Terms of Service remain in the provider's hands, and ii. the Terms of Service state that the customer can't "resell use of, or access to, the FiLIP Service to any third party".

On this basis, we can say that there is no account transfer right granted by FiLIP to the customer.

However, the possibility of making other people as "guest users" is a feature that already resolves many problems.

Moreover, under a technical perspective, we should verify if it is materially possible or not to definitively disconnect a device from the customer's account (i.e. to unregister it) in order to connect it with another account: if this is possible, the limitations coming from the lack of an account transfer right would be reduced almost to zero, because the new customer will simply have to create a new account and to make a new setting of the device through the app: it is true that, in this case, FiLIP may be aware of the transfer, but we should also wonder if in this case it would be advantageous for FiLIP to stop providing the service.


Our customer is the individual who has registered the FiLIP Device. We are under no obligation to respond to requests, inquires, demands or communications from any party (such as another family member) other than our customer (Source: Terms of Service).

FiLIP hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the FiLIP App solely on devices and web browser installations that you own or manage (Source: Terms of Service).

You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

You may not resell use of, or access to, the FiLIP Service to any third party (Source: Terms of Service).

All rights not granted under these Terms of Service are reserved by FiLIP (Source: Terms of Service).

[O]ur customer is the applicable parent/guardian or other adult over 18 years of age who has enabled the FiLIP Service (Source: Privacy Policy).

Adding a guest user. You can give Guest Status to any of the contacts on your child’s FiLIP, or none at all - your choice. There are several steps that must be followed in order to properly grant a contact Guest Status (Source: http://www.myfilip.com/wp-content/uploads/2015/05/FiLIP2_Online_User_Guide_EN_April_15.pdf).

8. Is there an explicit prohibition to use the device in combination with a third party service? Yes
Here, the third-party considered is the phone carrier: the device requires a telco account in order to be usable, and FiLIP Inc. - even if it doesn't provide the network connection by itself - imposes a specific third-party carrier, AT&T. We can try to make some parallelisms with the phone locking phenomenon.


This warranty does not cover defects or malfunctions caused by abuse, [...] usage contrary to the User Manual, accessories or hardware/software not provided by Filip Technologies, [...] or other damaged caused other than a defect or malfunction in the design or operation of the Device. This warranty is void if the Device is altered, modified or tampered with by any party other than Filip (Source: Warranty).

Do I have to set up an AT&T account for my FiLIP? Yes, since FiLIP is able to make and receive calls, as well as receive text messages, it needs to be connected to a data and voice plan through AT&T. We have negotiated a great plan with AT&T for the FiLIP, which requires no annual contract and no activation fee, and is only $10 per month (Source: http://www.myfilip.com/do-i-have-to-set-up-an-att-account-for-my-filip/).

The FiLIP Device will only operate if you have entered into an airtime agreement with AT&T. The terms of such agreement for wireless service are between you and AT&T. FiLIP is not a party to such agreement, does not control the actions of AT&T. In no event shall FiLIP be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge FiLIP from any such liability (Source: Terms of Service).

AT&T may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following: Any conduct that we believe violates this Agreement or AT&T’s Acceptable Use Policy; [...] You resell our Services either alone or as part of any other good or service; [...] (Source: AT&T Wireless Customer Agreement).

You agree that you won’t make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems (Source: AT&T Wireless Customer Agreement).

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
Duration boundaries to consumer's enjoyment of the device exist, even if it is unforeseeable if and when they will occur.

FiLIP Inc. reserves the right to change the Privacy Policy and the Terms of Service over time: if the customer doesn’t agree with those changes, he must cease to use the device.

FiLIP Inc. reserves the right to terminate customer's access to any portion of the FiLIP Service (therefore, to the device also) if the customer violates what contractually imposed by FiLIP. Actually, FiLIP reserves the right to terminate the FiLIP Service at any time without notice.

Moreover, services such as the AT&T telco account (without it, the device doesn't operate), the FiLIP App (which is needed in order to configure, monitor and contact the device, and - more generally, in order to use the FiLIP Service, which includes the device) and FiLIP Inc.'s collection of data though the device are necessary in order to enjoy the device. Therefore, the boundaries to customer's enjoyment of those services condition device's enjoyment also (see CC10).

However, duration boundaries to customer's enjoyment of the device don't seem to extend to customer's obligation to return the device to FiLIP, Inc., even if this doesn't change the situation very much, considering the fact that the device is anyway useless without the service. Moreover, it seems that the provider can remotely exercise a great power on the device, without the need of directly handling it (see TC5).

Another type of boundaries - different from duration boundaries - are "purpose boundaries": the device can't be used for commercial purposes, even if it is not specified what "commercial purposes" mean for FiLIP Inc.


The website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Terms of Service).

FiLIP provides no warranty regarding the wireless service provided by AT&T or the FiLIP App (Source: Terms of Service).

The FiLIP Device can be configured, monitored and contacted through the FiLIP App (Source: Terms of Service).

FiLIP hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the FiLIP App solely on devices and web browser installations that you own or manage (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

[W]e may suspend, limit or terminate your account, or all or a portion of your access to the FiLIP Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to FiLIP or (3) AT&T is no longer providing you with wireless airtime for the Device (Source: Terms of Service).

The FiLIP Device will only operate if you have entered into an airtime agreement with AT&T. The terms of such agreement for wireless service are between you and AT&T. FiLIP is not a party to such agreement, does not control the actions of AT&T. In no event shall FiLIP be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge FiLIP from any such liability (Source: Terms of Service).

Platform providers, such as AT&T®, Apple®, Google® and other third party carriers, platform or software providers and device manufacturers ("Platform Providers") are not parties to these Terms of Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the FiLIP Service. [...] Platform Providers are not responsible for addressing any claims relating to the FiLIP Service or your possession and/or use of the FiLIP Service. [...] Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof (Source: Terms of Service).

Filip Technologies is under no obligation to provide services related to a problem with the wireless carrier for the FiLIP™ Device if the Filip Device otherwise is functioning properly (Source: Terms of Service).

FiLIP Technologies, Inc. (“FiLIP”) provides the website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Privacy Policy).

Changes to this Privacy Policy: We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal information or location-based data in a way that materially differs from this Privacy Policy, such as sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the FiLIP Service following the posting of any changes to this Privacy Policy means you accept such changes (Source: Privacy Policy).

If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

AT&T Wireless Service(s) may be used with: (a) a mobile device that contains a SIM that is assigned to your account (“Device”) and/or, (b) a device that is designed and purchased for use exclusively on AT&T's network ("Equipment") (Source: AT&T Wireless Customer Agreement).

AT&T may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following: Any conduct that we believe violates this Agreement or AT&T’s Acceptable Use Policy; [...] You resell our Services either alone or as part of any other good or service; [...] (Source: AT&T Wireless Customer Agreement).

You agree that you won’t make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems (Source: AT&T Wireless Customer Agreement).

You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

You may not use the FiLIP Service for any commercial purpose without the prior written consent of FiLIP (Source: Terms of Service).

We may change, suspend or terminate the FiLIP Service at any time without notice. In addition, these FiLIP Terms of Service may be changed at any time without prior notice (Source: Terms of Service).

YOUR ACCESS AND USE OF THE FILIP SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE (Source: Terms of Service).

BY ACCESSING OR USING ANY PART OF THE FILIP SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE FILIP SERVICE (Source: Terms of Service).

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Duration boundaries to consumer's enjoyment of the service in the strict sense (FiLIP website, account, online applications, mobile app, and AT&T telco account) exist, even if it is unforeseeable if and when they will occur.

First of all, what applies to the device (see CC9) applies also to services provided by FiLIP (because FiLIP Terms generally refer to FiLIP Service, which includes the device and the services in the strict sense):

  • FiLIP Inc. reserves the right to change the Privacy Policy and the Terms of Service over time: if the customer doesn’t agree with those changes, he must cease to use the service;
  • FiLIP Inc. reserves the right to terminate customer's access to any portion of the service if the customer violates what contractually imposed by FiLIP; actually, FiLIP reserves the right to terminate the service it provides at any time without notice.

Secondly, in order to use the services, it is necessary to register and to install the FiLIP App. However, FiLIP confers to the customer only a revocable license to use the FiLIP App: therefore, customer's right to use the App may be revoked by the provider. Moreover, no warranty on the App is provided by FiLIP.

Thirdly, in order to use the services, it is necessary to subscribe an airtime agreement with AT&T carrier: FiLIP doesn't provide any warranty regarding this wireless service, and FiLIP is not even liable for AT&T acts or omissions, nor it has the obligation to provide services related to a problem with the wireless carrier if the device otherwise is functioning properly. For what concerns AT&T, it contractually reserves the right to interrupt, suspend or cancel the services it provides to the customer and to terminate his Agreement without advance notice for any reason.

Finally, a constant data collection by FiLIP through the device is critical for successful operation of the service: if the customer doesn't want anymore such data collection, he must deactivate the service (and that will also made the device useless).

Another type of boundaries - different from duration boundaries - are "purpose boundaries": the device can't be used for commercial purposes, even if it is not specified what "commercial purposes" mean for FiLIP Inc.


The website, online service and mobile application (the "FiLIP App") and the mobile device (the “FiLIP Device”, collectively the “FiLIP Service”) (Source: Terms of Service).

You may not use the FiLIP Service for any commercial purpose without the prior written consent of FiLIP (Source: Terms of Service).

FiLIP provides no warranty regarding the wireless service provided by AT&T or the FiLIP App (Source: Terms of Service).

The FiLIP Device can be configured, monitored and contacted through the FiLIP App (Source: Terms of Service).

FiLIP hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the FiLIP App solely on devices and web browser installations that you own or manage (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

[W]e may suspend, limit or terminate your account, or all or a portion of your access to the FiLIP Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to FiLIP or (3) AT&T is no longer providing you with wireless airtime for the Device (Source: Terms of Service).

The FiLIP Device will only operate if you have entered into an airtime agreement with AT&T. The terms of such agreement for wireless service are between you and AT&T. FiLIP is not a party to such agreement, does not control the actions of AT&T. In no event shall FiLIP be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge FiLIP from any such liability (Source: Terms of Service).

Platform providers, such as AT&T®, Apple®, Google® and other third party carriers, platform or software providers and device manufacturers ("Platform Providers") are not parties to these Terms of Service. Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the FiLIP Service. [...] Platform Providers are not responsible for addressing any claims relating to the FiLIP Service or your possession and/or use of the FiLIP Service. [...] Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof (Source: Terms of Service).

Filip Technologies is under no obligation to provide services related to a problem with the wireless carrier for the FiLIP™ Device if the Filip Device otherwise is functioning properly (Source: Terms of Service).

Changes to this Privacy Policy: We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal information or location-based data in a way that materially differs from this Privacy Policy, such as sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the FiLIP Service following the posting of any changes to this Privacy Policy means you accept such changes (Source: Privacy Policy).

If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

AT&T may interrupt, suspend or cancel your Services and terminate your Agreement without advance notice for any reason including, but not limited to, the following: Any conduct that we believe violates this Agreement or AT&T’s Acceptable Use Policy; [...] You resell our Services either alone or as part of any other good or service; [...] (Source: AT&T Wireless Customer Agreement).

You agree that you won’t make any modifications to your Equipment or its programming to enable the Equipment to operate on any other system. AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Equipment on other systems (Source: AT&T Wireless Customer Agreement).

FiLIP hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the FiLIP App solely on devices and web browser installations that you own or manage (Source: Terms of Service).

You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service (Source: Terms of Service).

We may change, suspend or terminate the FiLIP Service at any time without notice. In addition, these FiLIP Terms of Service may be changed at any time without prior notice (Source: Terms of Service).

YOUR ACCESS AND USE OF THE FILIP SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE (Source: Terms of Service).

BY ACCESSING OR USING ANY PART OF THE FILIP SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE FILIP SERVICE (Source: Terms of Service).

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? No
The service provided by FiLIP is a data driven service: the device constantly collects and transmits data to FiLIP, which will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information, and to respond to customers' inquiries or requests. However, data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access, but customers can contact privacy@myfilip.com for specific questions about access to any collected data (on the 17th of July 2015 I've sent a mail to this address for more information: they have not given an answer yet).


FiLIP provides a wireless device and service to help parents/guardians communicate with, monitor, track and locate their children. This is a data driven service (Source: Privacy Policy).

By using the FiLIP Service, you expressly agree that we may record audio conversations between the FiLIP Device and the recipient of such call without further notification. It is your obligation to ensure that the recipient of such emergency calls from the FiLIP Device, such as the preset numbers that you program into the FiLIP Device, consents to such recording (Source: Terms of Service).

The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

The device will automatically collect the physical location from the device at all times when activated. FiLIP also receives data about the use of the device and the accompanying application. FiLIP may also record the audio of emergency calls from or to the device. FiLIP will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information (Source: Privacy Policy).

[W]e may use your information to: respond to your inquires or requests [...] (Source: Privacy Policy).

FiLIP Data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact privacy@myfilip.com for specific questions about access to any collected data (Source: Privacy Policy).

12. Are there explicit terms and conditions allowing the consumer to delete his data? No
FiLIP contractual terms don't explicitly grant a deletion right to the customer, and they say that all rights not granted by the terms are reserved by FiLIP. Furthermore, data transmitted to the provider - included location-based information - can be retained by him for as long as he feels that there is a business need or benefit to do so. Therefore, we can state that the customer is not provided with the right to delete his data.

For what concern the possibility of account deletion, the customer can "deactivate the service", but it is not clear if this deactivation includes the deletion of his personal account or not.


Auto deletion of data: We may automatically delete data from a FiLIP Device or from the FiLIP App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data (Source: Privacy Policy).

Data retention: We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information (Source: Privacy Policy).

All rights not granted under these Terms of Service are reserved by FiLIP (Source: Terms of Service).

If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? Not available
Without further information provided by privacy@myfilip.com, it is not possible to answer this question, in the same way it is not possible to answer the question about the access right (see CC11).


[W]e may use your information to: respond to your inquires or requests [...] (Source: Privacy Policy).

FiLIP Data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact privacy@myfilip.com for specific questions about access to any collected data (Source: Privacy Policy).

14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? Not available
Without further information provided by privacy@myfilip.com, it is not possible to answer this question, in the same way it is not possible to answer the question about the access right (see CC11).


[W]e may use your information to: respond to your inquires or requests [...] (Source: Privacy Policy).

FiLIP Data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact privacy@myfilip.com for specific questions about access to any collected data (Source: Privacy Policy).

15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
Both FiLIP and AT&T reserve the right to unilaterally change the terms and conditions:
  • FiLIP: the changes may occur without prior notice, and, if the customer doesn't agree with those modifications, the only thing he can do is stopping accessing and using the device and the service;
  • AT&T: it may change terms at any time, but - if the changes are material- it provides notice of those modifications; it can also increase the prices, but - in this case - it is possible for the customer to terminate the agreement without paying the fees normally associated with customer’s termination of the agreement.


YOUR ACCESS AND USE OF THE FILIP SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE (Source: Terms of Service).

BY ACCESSING OR USING ANY PART OF THE FILIP SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE FILIP SERVICE (Source: Terms of Service).

[T]hese FiLIP Terms of Service may be changed at any time without prior notice (Source: Terms of Service).

IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE THE FILIP SERVICE (Source: Privacy Policy).

Changes to this Privacy Policy: We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personal information or location-based data in a way that materially differs from this Privacy Policy, such as sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the FiLIP Service following the posting of any changes to this Privacy Policy means you accept such changes (Source: Privacy Policy).

We may change any terms, conditions, rates, fees, expenses, or charges regarding your Services at any time. We will provide you with notice of material changes [...]. IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, [...] YOU MAY TERMINATE THIS AGREEMENT (Source: AT&T Wireless Customer Agreement).

16. Does the provider reserve to himself the right to unilaterally modify the software? Yes
FiLIP reserves the right to update the software embedded in the device: this update may occur either automatically or through a download carried out by the customer.


FiLIP may change, update or otherwise modify the FiLIP App or the software on the FiLIP Device at any time. If we do so, you may have to download a patch or new version in order to continue using the FiLIP Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the FiLIP App or the FiLIP Device (Source: Terms of Service).

Will there be software upgrades? Yes, we have the ability to carry out Over the Air (OTA) updates to FiLIP and will do so as updates become available (Source: http://www.myfilip.com/will-there-be-software-upgrades/).

Technical characteristics

1. Which is the duration of the provider role? Continuing
FiLIP Inc. role is continuing, because FiLIP device is a data driven device, which constantly collects data (which aren't available for direct access by the customer) and transmit it to FiLIP Inc., which uses those data to provide services to the customer: this data collection is critical to the successful operation of the device.

AT&T role is continuing, because it provides wireless connection for the FiLIP device, and without it the device can't operate.


The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

The device will automatically collect the physical location from the device at all times when activated. FiLIP also receives data about the use of the device and the accompanying application. FiLIP may also record the audio of emergency calls from or to the device. FiLIP will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information (Source: Privacy Policy).

Do I have to set up an AT&T account for my FiLIP? Yes, since FiLIP is able to make and receive calls, as well as receive text messages, it needs to be connected to a data and voice plan through AT&T. We have negotiated a great plan with AT&T for the FiLIP, which requires no annual contract and no activation fee, and is only $10 per month (Source: http://www.myfilip.com/do-i-have-to-set-up-an-att-account-for-my-filip/).

The FiLIP Device will only operate if you have entered into an airtime agreement with AT&T. The terms of such agreement for wireless service are between you and AT&T. FiLIP is not a party to such agreement, does not control the actions of AT&T. In no event shall FiLIP be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge FiLIP from any such liability (Source: Terms of Service).

FiLIP provides no warranty regarding the wireless service provided by AT&T or the FiLIP App (Source: Terms of Service).

The FiLIP Device can be configured, monitored and contacted through the FiLIP App (Source: Terms of Service).

The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

In order to use the FiLIP Service, you will need to download and install the FiLIP App (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

We may change, suspend or terminate the FiLIP Service at any time without notice. In addition, these FiLIP Terms of Service may be changed at any time without prior notice (Source: Terms of Service).

Filip Technologies is under no obligation to provide services related to a problem with the wireless carrier for the FiLIP™ Device if the Filip Device otherwise is functioning properly (Source: Terms of Service).

"FiLIP provides a wireless device and service to help parents/guardians communicate with, monitor, track and locate their children. This is a data driven service" (Source: Privacy Policy).

2. Is the branded hardware necessary for product usability? Yes
The FiLIP device collects those data that - transmitted to FiLIP Inc. - are critical for the successful operation of the product: therefore, the branded hardware is necessary for product usability.

Moreover, contractually speaking, it is forbidden to modify the device (see CC1).


The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

The device will automatically collect the physical location from the device at all times when activated. FiLIP also receives data about the use of the device and the accompanying application. FiLIP may also record the audio of emergency calls from or to the device. FiLIP will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information (Source: Privacy Policy).

This warranty does not cover defects or malfunctions caused by abuse, [...] usage contrary to the User Manual, accessories or hardware/software not provided by Filip Technologies, [...] or other damaged caused other than a defect or malfunction in the design or operation of the Device. This warranty is void if the Device is altered, modified or tampered with by any party other than Filip (Source: Warranty).

No part of the FiLIP Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the FiLIP Service, without the prior written consent of FiLIP (Source: Terms of Service).

3. Is the branded software necessary for product usability? Yes
FiLIP contractual terms don't make a distinction between the hardware and the software part of the device (see CC4 and the Notes at the top of the page), therefore what said for the hardware (see TC2) can also fit for the software.

Moreover, contractually speaking, it is forbidden to modify the device (see CC1), which includes the software (see CC4).


This warranty does not cover defects or malfunctions caused by abuse, [...] usage contrary to the User Manual, accessories or hardware/software not provided by Filip Technologies, [...] or other damaged caused other than a defect or malfunction in the design or operation of the Device. This warranty is void if the Device is altered, modified or tampered with by any party other than Filip (Source: Warranty).

No part of the FiLIP Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the FiLIP Service, without the prior written consent of FiLIP (Source: Terms of Service).

4. Is the branded "service" necessary for product usability? Yes
For what concerns the service provided by FiLIP, this is necessary for product usability. Indeed:
  • a FiLIP account is needed, because - in order to operate the device - it is necessary to register it through a FiLIP account;
  • the FiLIP App is also essential in order to use the product;
  • finally, the data collected by the device - which is critical for the successful operation of the product - is not directly accessible to the customer, but it is transmitted to FiLIP Inc., which then provide its services to the customer thanks to the data collected.

For what concerns AT&T, the wireless connection provided by it is the only compatible with the FiLIP device: therefore, a FiLIP user is locked in this carrier's telco service.

Moreover, contractually speaking, it is forbidden to modify the service (see CC1).


Do I have to set up an AT&T account for my FiLIP? Yes, since FiLIP is able to make and receive calls, as well as receive text messages, it needs to be connected to a data and voice plan through AT&T. We have negotiated a great plan with AT&T for the FiLIP, which requires no annual contract and no activation fee, and is only $10 per month (Source: http://www.myfilip.com/do-i-have-to-set-up-an-att-account-for-my-filip/).

The FiLIP Device will only operate if you have entered into an airtime agreement with AT&T. The terms of such agreement for wireless service are between you and AT&T. FiLIP is not a party to such agreement, does not control the actions of AT&T. In no event shall FiLIP be liable for the acts or omissions of AT&T or the operation of the AT&T service and you hereby release and discharge FiLIP from any such liability (Source: Terms of Service).

FiLIP provides no warranty regarding the wireless service provided by AT&T or the FiLIP App (Source: Terms of Service).

The FiLIP Device can be configured, monitored and contacted through the FiLIP App (Source: Terms of Service).

The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

In order to use the FiLIP Service, you will need to download and install the FiLIP App (Source: Terms of Service).

In order to use the FiLIP Service, you must register and install the FiLIP App (Source:Terms of Service).

AT&T Wireless Service(s) may be used with: (a) a mobile device that contains a SIM that is assigned to your account (“Device”) and/or, (b) a device that is designed and purchased for use exclusively on AT&T's network ("Equipment") (Source: AT&T Wireless Customer Agreement).

No part of the FiLIP Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the FiLIP Service, without the prior written consent of FiLIP (Source: Terms of Service).

5. Do the device's administration rights belong to the product provider? Not available
Even if it always difficult to determine whom the administration rights belong to, in the present case we can at least state that the product provider has anyway a great power on the device: we can infer that from the contractual terms he imposes to the customers. Indeed:
  • he can constantly access all the information collected by the device (while the customer can't access - at least in a direct way - this information): it is nevertheless true that the customer can impede this collection by deactivating the service, but in this case the device will be completely useless also for him; moreover, for what specifically concerns location-based information, it is expressly stated that the customer can't disable its collection by his device, he can only completely deactivate the device itself;
  • he can remotely and automatically delete data from the device;
  • he can "terminate a device", even if it is not clear what this really means.


FiLIP Data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact privacy@myfilip.com for specific questions about access to any collected data (Source: Privacy Policy).

The FiLIP Device is constantly collecting and transmitting data to FiLIP, such as location data. Such detailed data collection and use is critical to the successful operation of the FiLIP Service (Source: Terms of Service).

If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

Auto deletion of data: We may automatically delete data from a FiLIP Device or from the FiLIP App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data (Source: Privacy Policy).

Location-based information collected through the FiLIP Service: The FiLIP Device automatically and constantly collects information about the physical location of the FiLIP Device when it is activated. [...] You may not disable location-based data collection from the FiLIP Device (Source: Privacy Policy).

6. Which possibilities does the consumer have to dispose of his data? Not Available
The fact that collected data is generally not available for customer's direct access, and that it can be possibly accessed only turning to privacy@myfilip.com (see CC11) means that customer's direct access to raw data is not possible, and maybe even indirect access to raw data is not possible (see CC11). We can therefore be skeptical about customer’s possibility to export data and to use it in an interoperable way.

For what concern data deletion, the provider can automatically delete data from the account and/or the device, but nothing is said on customer's possibility of doing the same; moreover, the provider expressly reserves a data retention right, therefore the customer can't ask for deletion of his data from the provider's server.

For what concern the possibility of account deletion, the customer can "deactivate the service", but it is not clear if this deactivation includes the deletion of his personal account or not.


If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

FiLIP provides a wireless device and service to help parents/guardians communicate with, monitor, track and locate their children. This is a data driven service (Source: Privacy Policy).

The device will automatically collect the physical location from the device at all times when activated. FiLIP also receives data about the use of the device and the accompanying application. FiLIP may also record the audio of emergency calls from or to the device. FiLIP will use this information to provide the location-based services and to contact the parents/guardians regarding the service and other information (Source: Privacy Policy).

Location-based information collected through the FiLIP Service: The FiLIP Device automatically and constantly collects information about the physical location of the FiLIP Device when it is activated. [...] You may not disable location-based data collection from the FiLIP Device (Source: Privacy Policy).

[W]e may use your information to: respond to your inquires or requests [...] (Source: Privacy Policy).

Auto deletion of data: We may automatically delete data from a FiLIP Device or from the FiLIP App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data (Source: Privacy Policy).

Data retention: We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information (Source: Privacy Policy).

FiLIP Data collected through use of the FiLIP Device and/or the FiLIP App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact privacy@myfilip.com for specific questions about access to any collected data (Source: Privacy Policy).

If you no longer want any data collected by FiLIP from the FiLIP Device, then you will need to deactivate the service (Source: Privacy Policy).

Usability

1. Can the consumer enjoy the product for an unlimited period? No
The service component provided by FiLIP is necessary for device usability (see TC4), but FiLIP reserves the right to terminate access to the service if the customer doesn't comply with his contractual obligations, e.g. if he alters/modifies the service and/or the device (see CC1). FiLIP also reserves the right to terminate access to the device itself, for the same reason (see CC1).

The service component (FiLIP App included) provided by FiLIP is necessary for device usability (see TC4), but FiLIP reserves the right to terminate the service it provides at any time without notice, and to revoke the license for the use of the FiLIP App (see CC9 and CC10).

The service component provided by FiLIP is necessary for device usability (see TC4), and this service requires from the provider a continuing engagement (see TC1), but "ius libertatis non debet infringi".

The service component provided by FiLIP is necessary for device usability (see TC4), and through it customer's data are collected by the provider (see CC9 and CC10), because it is a data driven service. If the customer wants to prevent FiLIP Inc.'s further collection of his data, he must deactivate the service, and this action will make the device useless.

The provider reserves the right to change the contractual terms over time, and, if the customer doesn’t agree with those changes, he must cease to use the product (see CC9 and CC10).

The customer is forbidden from using the device for commercial purposes (see CC9), and a violation of the contractual Terms may lead to a termination (see CC1) of his access and use of the device and/or of the service, which is essential for device usability (see TC4).

In order to use the services, it is necessary to subscribe an airtime agreement with AT&T carrier (no alternative carrier can be preferred by the customer: technically speaking, the device works only with this carrier, see TC4; contractually speaking, the customer is forbidden from altering the product, see CC1), but neither FiLIP nor AT&T commit themselves in ensuring the provision of this wireless connection: FiLIP doesn't provide any warranty regarding this wireless service, and FiLIP is not even liable for AT&T acts or omissions, nor it has the obligation to provide services related to a problem with the wireless carrier if the device otherwise is functioning properly; AT&T, reserves the right to interrupt, suspend or cancel the services it provides to the customer and to terminate his Agreement without advance notice for any reason (see CC9 and CC10).

2. Can the consumer sell the device? Not available
It is non clear if device ownership is conferred or not to the customer (see CC5). However, if this is the case, the device seems able to circulate, but it is anyway forbidden to resell access and use of it and of the service (see CC6), therefore practically what the customer is authorized to resell is a completely useless object. Moreover, the provider reserves the right to terminate access and use of the device and/or the service (which is essential for device usability: see TC4) in case of customer's violation of the contractual terms (see CC1): so - given the fact that FiLIP can (materially and juridically) make the device useless in case of resale of its access and use - this access and use resale prohibition can actually be enforced by FiLIP, allowed to and practically able to make the customer unable to resell a usable device.

However, we should wonder if customer's failure to comply with this prohibition would actually lead FiLIP Inc. to draw upon its right (see CC1) to terminate access and use of the service and/or the device: indeed, a behaviour of this sort may be in contrast with its own interests (see CC6).

3. Can the consumer transfer the account? No
The customer is contractually forbidden from reselling use of, or access to, the FiLIP Service - therefore, to the account also - to any third party. For what concerns free transfers, we can state the same, on the basis of Terms of Service's silence on the matter, combined with the statement that rights not expressly granted are reserved by FiLIP (see CC7).
4. Can the consumer delete his data? No
Juridically speaking, the customer can't ask for deletion of his data from the provider's server, and a right to delete data from the device and the account is not conferred (see CC12).

Technically speaking, it is not clear if a possibility of device resetting exists or not (see TC6).

5. Can the consumer delete his account? Not available
The customer can "deactivate the service", but it is not clear if this deactivation includes the deletion of his personal account or not (see CC12 and TC6).
6. Can the consumer use his data? Not available
The customer can't directly use his data, but he has to turn to FiLIP: and, even in this case, it is not clear what use of his data the provider will allow him to carry out (see CC11 and TC6).
7. Can the consumer use the HW and SW in combination with third party SRV? No
FiLIP Service is essential for product usability (see TC4), and so is AT&T wireless connection (see CC8 and see TC4).

Contractually speaking, it is moreover forbidden to modify or alter the device (see CC1).

8. Can the consumer use the HW and SRV in combination with third party SW? No
The provider makes no distinction between the hardware and software part of the device (see CC4), and he forbids to modify or alter the device (see CC1).
9. Can the consumer use the SW and SRV in combination with third party HW? No
FiLIP device - and no other device - collects that data that is necessary for FiLIP Inc. in order to provide its services (see TC2), and the customer is contractually forbidden from altering the software and/or the service (see CC1).
10. Can the consumer use the HW in combination with third party SW and SRV? No
11. Can the consumer use the SW in combination with third party HW and SRV? No
12. Can the consumer use the SRV in combination with third party HW and SW? No

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