ProtectIQ Application Terms & Conditions

This IMU Fiber ProtectIQ Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User,” “Subscriber,” or “you”) and Indianola Municipal Utilities (“IMU”), doing business as IMU Fiber (“IMU Fiber”). This Agreement governs your use of the IMU Fiber ProtectIQ application, which operates within the CommandIQ mobile application environment and on IMU Fiber-owned ONT (optical network terminal) hardware, including all related documentation (the “Application”). The Application is licensed, not sold, to you.

BY CLICKING THE “ACCEPT” BUTTON, CHECKING “I ACCEPT THE TERMS AND CONDITIONS,” OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.

This Agreement supplements, and is subject to, the IMU Communications Utility Policy (the “Communications Utility Policy”), which governs your IMU Fiber internet service and is available at www.indianola.com or upon request from IMU’s Customer Service Office at 210 W 2nd Ave, Indianola, Iowa 50125. Your use of the Application is subject to both this Agreement and the Communications Utility Policy. In the event of any conflict or inconsistency between the terms of this Agreement and the Communications Utility Policy, the Communications Utility Policy shall control.

 

1. Application Description and Functionality

ProtectIQ is a network-level security application that monitors network connections and proactively works to keep malicious websites, viruses, intrusions, and ransomware threats away from your home network.   The Application’s features include, but are not limited to:

    1. Network Security Monitoring. ProtectIQ monitors connected devices on your home network for cyberattacks and malware, including viruses and ransomware, and works to neutralize these threats and prevent them from reaching the connected devices on your network.
    2. Intrusion Detection. The Application includes intrusion settings designed to detect, block, and quarantine unauthorized access and unusual device behavior to help safeguard your home network.
    3. Threat Database. ProtectIQ leverages a cloud database of known virus and ransomware threats maintained by Calix, Inc. and its third-party data providers.
    4. Security Alerts. The Application provides security alarms and notifications regarding detected threats, including virus detections, intrusion attempts, and blocked malicious websites.
    5. Trusted Websites and Skipped Devices. Subscribers may designate trusted websites to be excluded from security scans and may exclude specific devices from network security scans.

2. Network Performance and Prioritization

IMU Fiber uses commercially reasonable efforts to provide you with a reliable and high-quality internet connection. However, the Application’s features, including any network traffic prioritization, bandwidth allocation, or device management tools, manage how your available bandwidth is distributed among devices and applications on your home network. These features do not increase the total bandwidth available to your connection and cannot overcome performance limitations caused by factors outside IMU Fiber’s control.

Your actual network experience may be affected by factors outside IMU Fiber’s reasonable control, including without limitation: (i) the performance, age, configuration, or compatibility of your personal devices, routers, or other subscriber-owned equipment; (ii) the number of devices simultaneously connected to your home network; (iii) Wi-Fi signal degradation caused by physical obstructions, distance from the ONT, building construction materials, or radio frequency interference from neighboring networks or household electronics; (iv) congestion, outages, or performance limitations on third-party networks, Internet backbone infrastructure, or content delivery platforms beyond IMU Fiber’s network boundary; (v) throttling, geo-restrictions, server-side limitations, or capacity constraints imposed by third-party application or content providers; and (vi) any other conditions or circumstances beyond IMU Fiber’s reasonable control.

Your internet service, including connection speed, data throughput, and service availability, is subject to the terms and limitations of the IMU Communications Utility Policy, including without limitation Sections 4.8 and 4.10 thereof. Nothing in this Agreement shall be construed to create any service-level commitment, performance guarantee, or standard of service beyond what is provided in the Communications Utility Policy.

3. Network Security Disclaimers

    1. No Guarantee of Threat Detection. YOU ACKNOWLEDGE AND AGREE THAT PROTECTIQ CANNOT AND DOES NOT GUARANTEE THE DETECTION, PREVENTION, OR ELIMINATION OF ALL VIRUSES, MALWARE, RANSOMWARE, INTRUSIONS, CYBERATTACKS, OR MALICIOUS WEBSITES. No security application can provide absolute protection against all threats, and new threats emerge continuously that may not be included in the Application’s threat database.
    2. Limitations of Detection Technology. The Application relies on a cloud-based database of known threats. There may be a delay between the emergence of a new threat and its inclusion in the database. Zero-day attacks, previously unknown vulnerabilities, and sophisticated or novel threats may not be detected by the Application.
    3. Not a Substitute for Comprehensive Security Practices. The Application is not a substitute for comprehensive cybersecurity practices. IMU Fiber strongly recommends that Subscribers maintain up-to-date antivirus and anti-malware software on all individual devices, use strong and unique passwords, enable multi-factor authentication where available, and exercise caution when opening emails, downloading files, or visiting unfamiliar websites.
    4. Subscriber-Configured Exclusions. To the extent you designate trusted websites or exclude devices from security scans, IMU Fiber shall have no responsibility or liability for any threats, breaches, or damages arising from or related to such excluded websites or devices.

4. Disclaimer of Liability for Security Breaches

IMU FIBER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, COSTS, OR EXPENSES OF ANY KIND ARISING FROM OR RELATED TO ANY SECURITY BREACH, MALWARE INFECTION, VIRUS, RANSOMWARE ATTACK, INTRUSION, DATA THEFT, IDENTITY THEFT, OR OTHER CYBERATTACK THAT THE APPLICATION FAILS TO DETECT, PREVENT, OR ELIMINATE. THIS DISCLAIMER APPLIES REGARDLESS OF WHETHER THE FAILURE TO DETECT OR PREVENT THE THREAT RESULTS FROM LIMITATIONS IN THE APPLICATION’S TECHNOLOGY, DELAYS IN DATABASE UPDATES, ERRORS OR DEFECTS IN THE APPLICATION, OR ANY OTHER CAUSE.

 

5. License Grant

Subject to the terms of this Agreement, IMU Fiber grants you a limited, non-exclusive, and nontransferable license to access and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) and through your IMU Fiber-provided ONT hardware, strictly in accordance with the Application’s documentation. This license is provided as part of your IMU Fiber internet service subscription.

 

6. License Restrictions

You shall not:

    1. copy the Application, except as expressly permitted by this license;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, copyrightable or registrable under intellectual property laws, of the Application;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
    6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
    7. use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

You further agree that you will not use the Application to: (i) transmit any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third-party proprietary rights, invasive of personal privacy, or harmful to children; (ii) interfere with or disrupt the integrity or performance of the Application or its underlying platform; or (iii) attempt to gain unauthorized access to the Application, its underlying systems, or any related networks or servers. IMU Fiber reserves the right to suspend or terminate your access to the Application if you violate this provision.

 

7. Reservation of Rights

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. IMU Fiber, and its licensors, reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

8. Collection and Use of Your Information

    1. You acknowledge that when you access and use the Application, IMU Fiber and its third-party service providers may collect information about your Mobile Device, your ONT hardware, your home network activity, network traffic data, threat detection logs, and your use of the Application.
    2. IMU Fiber uses the information collected as described in this section and in the IMU Fiber Privacy Policy to provide you with the Application and its features, to improve the Application, and to fulfill the purposes for which you provide such information.
    3. All information collected through or in connection with this Application is subject to the IMU Fiber Privacy Policy, accessible at https://www.indianola.com/imu-fiber-commandiq-app-privacy-policy/. By using the Application, you consent to all actions taken by IMU Fiber with respect to your information in compliance with the IMU Fiber Privacy Policy.
    4. You expressly consent to the collection, use, processing, storage, and transfer of your data by Calix, Inc. and its authorized third-party sub-processors in connection with the provision of the Application’s underlying functionality. Such data processing may occur in the United States or other jurisdictions where Calix or its sub-processors maintain facilities.
    5. You acknowledge that in connection with your use of the Application, you may provide information to your internet service provider or other third parties. IMU Fiber is not responsible for any information you provide to third parties, and any such disclosure is governed solely by the applicable third party’s terms and privacy policies.

9. Third-Party Service Provider Disclaimer

    1. You acknowledge and agree that the Application’s underlying functionality is provided, in whole or in part, by Calix, Inc. (“Calix”), a third-party technology provider, and that the Application operates on Calix’s cloud platform and software systems.
    2. IMU Fiber disclaims all liability for any failures, outages, errors, defects, interruptions, delays, data losses, or deficiencies in the Application that are attributable to Calix’s platform, software, or services, or to any acts or omissions of Calix. IMU Fiber’s ability to provide the Application is dependent upon Calix’s continued provision of its services, and IMU Fiber makes no representations or warranties regarding the performance, availability, or reliability of Calix’s systems.
    3. Calix may modify, update, or discontinue features of the Application’s underlying platform at any time, and IMU Fiber shall not be liable for any such modifications or their effects on the Application.
    4. Your use of the Application may also be subject to Calix’s terms of service and privacy policies, which may be modified by Calix from time to time.
    5. You acknowledge that certain information, data, analytics, and other content provided through the Application may constitute proprietary and confidential information of Calix (“Calix Content”). You agree to maintain the confidentiality of all Calix Content and shall not disclose, distribute, reproduce, or use Calix Content for any purpose other than your personal use of the Application as permitted under this Agreement.

10. Updates

IMU Fiber and/or Calix may from time to time develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality. You agree that IMU Fiber has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to Wi-Fi or a mobile network, the Application will either:

    1. automatically download and install all available Updates, or
    2. notify you of or prompt you to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further acknowledge and agree that all Updates will be deemed part of the Application and subject to all terms and conditions of this Agreement.

 

11. Term and Termination

    1. The term of this Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or IMU Fiber as set forth in this section.
    2. You may terminate this Agreement by ceasing use of the Application and, if applicable, deleting the Application and all copies thereof from your Mobile Device(s).
    3. IMU Fiber may terminate this Agreement at any time without notice if it ceases to support the Application, which IMU Fiber may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
    4. Upon termination:
      1. all rights granted to you under this Agreement will also terminate; and
      2. you must cease all use of the Application.
    5. Termination will not limit any of IMU Fiber’s rights or remedies at law or in equity.

12. Disclaimer of Warranties

THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IMU FIBER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND LICENSORS (INCLUDING CALIX), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, IMU FIBER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IMU FIBER OR ITS AFFILIATES, LICENSORS (INCLUDING CALIX), OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION FOR:

a. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING FROM A SECURITY BREACH, MALWARE INFECTION, VIRUS, RANSOMWARE ATTACK, INTRUSION, DATA THEFT, OR CYBERATTACK THAT THE APPLICATION FAILS TO DETECT OR PREVENT.

b. DIRECT DAMAGES IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS ONE HUNDRED DOLLARS ($100.00 USD).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR IMU FIBER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, IMU FIBER SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PROVIDING THE APPLICATION TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND IMU FIBER’S REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ACTS OF GOD, NATURAL DISASTERS, PANDEMICS, GOVERNMENT ACTIONS, UTILITY FAILURES, INTERNET SERVICE PROVIDER FAILURES, THIRD-PARTY PLATFORM OUTAGES, CYBERATTACKS, OR LABOR DISRUPTIONS.

 

14. Indemnification

You agree to indemnify, defend, and hold harmless IMU Fiber and its officers, directors, employees, agents, affiliates, licensors, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:

    1. your use or misuse of the Application;
    2. your breach of this Agreement;
    3. your designation of trusted websites or exclusion of devices from security scans; or
    4. any third-party claims arising from security incidents on your home network.

15. Modifications

IMU Fiber reserves the right to modify, update, suspend, or discontinue the Application or any feature or functionality thereof, and to modify these Terms and Conditions, at any time and in its sole discretion, with or without notice to you. Your continued use of the Application following any such modification constitutes your acceptance of the modified terms. IMU Fiber encourages you to review these Terms and Conditions periodically.

 

16. Export Regulation

The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

 

17. Severability

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

18. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of law provisions. The United Nations Convention for the International Sale of Goods shall in no event apply to this Agreement. Any and all dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration held in Des Moines, Iowa before one neutral arbitrator. THE PARTIES UNDERSTAND AND AGREE THAT THEY ARE WAIVING THEIR RIGHT TO BRING SUCH CLAIMS TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL. The arbitration proceedings shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which are incorporated herein by reference, as may be modified by the provisions in this Section. The arbitration and proceedings shall be confidential. Either party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. The arbitrator will issue a detailed written decision and award, resolving the dispute. The arbitrator’s written opinion and award shall decide all issues submitted and set forth the legal principles supporting each part of the opinion, and shall be final and binding upon the parties. The arbitrator shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief the arbitrator deems just and equitable and within the scope of this arbitration agreement, including an injunction or order for specific performance. The arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration. Judgment on the arbitral award may be entered in any court of competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Parties agree to waive any right to bring claims against the other as part of a class action or other multi-party form of claim resolution. There shall be no claims made on a classwide basis as part of any arbitration under this agreement, and the parties expressly agree to waive the right to bring any collective claims.

 

19. Entire Agreement

This Agreement, the Communications Utility Policy, and our Privacy Policy constitute the entire agreement between you and IMU Fiber with respect to the Application and your use of the Application in connection with IMU Fiber internet service, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. In the event of any conflict or inconsistency between this Agreement and the Communications Utility Policy, the Communications Utility Policy shall control.

 

20. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern, except that the Communications Utility Policy shall control in the event of any conflict or inconsistency between this Agreement and the Communications Utility Policy.