Terms of Service
Skyroam, Inc. Terms of Service
Last Updated: March 16, 2021
Thanks for using Skyroam!
These Terms of Service (“T&Cs,” “Agreement,”) cover your use and access to Skyroam’s wireless modem hotspots, applications, products, accessories, services, offerings and websites (“Products and Services” or “Equipment”). This is a contract between you and Skyroam, Inc., having its registered office at 611 Gateway Blvd Suite 120
South San Francisco, CA, 94080 USA ("Skyroam"). The terms "SKYROAM" refers to Skyroam, Inc. and its affiliates. By using the Products and Services, you’re agreeing to be bound by these T&Cs and Skyroam’s Privacy Policy, and any links or references to other policies on our website incorporated herein. If you are using the Products and Services for an organization, you're agreeing to these T&Cs on behalf of that organization.
BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SKYROAM RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
The following T&Cs are split up into the following sections:
I. RENTAL TERMS
II. PURCHASE TERMS
III. PRIVACY POLICY
RENTAL TERMS
PURCHASE TERMS
PRIVACY POLICY
BUSINESS SUBSCRIPTION
I. RENTAL TERMS:
Section 1: Products & Services
In addition to the Products and Services, Skyroam also provides a quick start guide to travelers who plan to visit the United Kingdom, Europe, Asia, or other international destinations covered by Skyroam as listed on the Skyroam website: skyroam.com/global-coverage.
FAIR USE POLICY: Our goal at Skyroam is to provide high-speed internet access to our entire community of users, anywhere and anytime! To ensure we optimize our data network to provide the best speeds to the greatest number of customers worldwide, we practice an industry standard Fair Use Policy, consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all. To ensure you have uninterrupted high speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming and other online activities that consume large amounts of data.
Section 2: Eligibility to Rent
While the Products and Services may be used by travelers of any age, Skyroam will only rent to adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Skyroam your consent to allow your minor dependents to use the Products and Services.
Section 3: Delivery
When you place an order to rent, Skyroam asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Skyroam will assume all risk of loss and damage from the delivery of the Equipment from the point of rental order to your designated rental address or Skyroam authorized vending machine.
Section 4: Use of Products & Services
You agree to exercise reasonable care in the use of all Products and Services, and to handle all Equipment in accordance with these T&Cs and provided quick start guide.
You further agree that you will NOT do any of the following:
(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery);
(b) remove or alter any certification markers affixed to the Equipment;
(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);
(d) dispose of the Equipment;
(e) grant any interest in the Equipment to any third party; or
(f) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).
(g) use the Equipment, Products, and Services or its content:
(i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Skyroam’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Skyroam website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related Skyroam website, other websites, or the internet.
(h) use the Equipment to transmit worms or viruses or any code of a destructive nature.
Skyroam reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.
Section 5: Returns
(a) Shipping Instructions via provided pre-paid return label.
All rentals should be returned by a local mail service or other generally recognized courier service in accordance with the provided pre-paid return label and shipping instructions and returned no later than seven (7) days following your last day of use (the “Rental End Date”). The Equipment shall be returned in good working order and condition. You assume all risk of loss and damage from the return of all Equipment to Skyroam’s designated address on the return label shipping instructions.
(b) If you go over your 7-day grace period.
If the rented Equipment is not received by the end of a 7-day grace period following the Rental End Date, you will be charged an additional daily rate for up to 13 days. After 13 days, you are assumed to have purchased all rented Equipment; Skyroam’s Purchase T&Cs (as listed on Skyroam’s website) will then apply for your future use of the Equipment.
If for any reason you are unable to return the Equipment (including but not limited to the Equipment being lost or stolen during the Rental Period), then you should contact the Skyroam team immediately at support@skyroam.com, so that you do not incur additional late charges. If the Equipment is returned to Skyroam after you have been charged the loss penalty, Skyroam will immediately offset the charge with the fee corresponding to the number of days your Equipment is overdue.
Section 6: Fees & Charges
(a) Rental Period. Your rental period is defined as the dates you book to rent the Products and Services. For vending machine rentals, your Rental Period may last from 3 to 31 days.
(b) Rental charges will be placed in one of two ways:
(1) For rentals purchases online, your order may be made through the Shopfiy or SnipCart platform. You hereby agree and consent to the policies and procedures of Shopify Inc. (“Shopify”) or Snipcart Inc. (“Snipcart”), as further explained in Section 13 of this Agreement.
(2) For authorized Skyroam vending machine rentals, your rental order will be placed using the vending machines owned and operated by ZoomSystems, Inc. (“ZoomSystems”). By purchasing from an authorized Skyroam vending machine, you hereby agree and consent to the policies and procedures of ZoomSystems as further explained in Section 13 of this Agreement.
(c) Damages or Lost Equipment. Subject to Section 7 below, you are solely responsible for all loss or damage to the Equipment during the Rental Period. Any charges for damaged or lost Equipment may be billed directly to the credit card or PayPal account used at the time of rental. Charges can range from replacement parts up to the full value of Skyroam’s Equipment as listed on the Skyroam website. Damaged Equipment is defined as Equipment that is no longer fit for re-use, including cosmetic damage that significantly deteriorates the user experience (e.g. cracked screen).
Please note that Skyroam reserves the right to charge you for the full value of the Equipment or institute collection procedures against you in the event that you fail to return the Equipment as required by this Agreement or fail to pay any Service or damage charges or late fees that you incur. If it becomes necessary to institute collection procedures against you, you agree to pay the costs of collection, including without limitation reasonable attorneys’ fees. Any late fees that Skyroam collects will not waive any other right or remedy that may otherwise be available to you under this Agreement.
Section 7: Ownership of Equipment; Insurance
By renting, you agree and acknowledge you are renting Equipment for travel purposes only, and that you will acquire no rights in the Products and Services. You further agree that Skyroam will retain all ownership of the Equipment.
Insurance is available for purchase providing coverage for any damage, loss, or theft of the Equipment, after a $50 deductible. In other words, the insurance limits the maximum you would be charged to $50 (in addition to the insurance cost of $19.95). Without insurance, you could be charged the full replacement cost of $99.50 for the Equipment.
Section 8: Skyroam’s Satisfaction Guarantee
Skyroam warrants that the Equipment will be delivered in good working order and condition, and that it will continue to operate properly during the term of the Rental Period.
Section 9: Disclaimer of Warranties
EXCEPT FOR THE SATISFACTION GUARANTEE SET FORTH IN SECTION 8 ABOVE, SKYROAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SKYROAM CANNOT WARRANT THE PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL YOUR NEEDS, OR THAT ANY THAT YOU ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SKYROAM CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD PARTY PRODUCTS OR SERVICES. SKYROAM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS, SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH THE PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.
Skyroam will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.
Section 10: Consequential damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER SKYROAM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OFOR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SKYROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SKYROAM AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Skyroam’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
Section 11: Indemnification
By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Skyroam, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs; (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.
Section 12: Miscellaneous
Skyroam reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Skyroam’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Skyroam’s prior written consent. You agree that Skyroam may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Skyroam’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
Section 13: Third Party Products and Services; User Content
By using the Products and Services, you may receive promotional messages regarding Products and Services Skyroam offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Any user content you provide us will be at your discretion and with your consent. You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks.
THIRD PARTY PRODUCTS AND SERVICES
Certain content, products, and services available via the Products and Services may include materials from third parties. Third party links on Skyroam’s website may direct you to third party sites that are not affiliated with Skyroam. Skyroam does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Skyroam is not liable for any harm or damages related to any other transactions made in connection with such third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Skyroam may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you have knowingly forwarded and consented to use by Skyroam. Skyroam is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Skyroam monitor and remove content that Skyroam determines (in its sole discretion) that are unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Skyroam or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Skyroam takes no responsibility and assumes no liability for any comments posted by you or any third party.
Section 14: Promotions
From time to time, promotions may be offered by Skyroam, including but not limited to, 30 day trials. Some promotions may require return labels to be downloaded from our website. Promotions are limited to one trial per email address or shipping address and any device accessory losses may apply.
Certain promotional codes must be used at the time of rental order and cannot be exchanged for credit on previous rentals. Such discounts are applied to rental fees only, not extras such as insurance. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply." The discount will be visible immediately in the order summary. Promotional codes expire within 30 days of issue, unless otherwise specified in writing.
Section 15: Force Majeure
In the event Skyroam fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Skyroam’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Skyroam notifies you of the existence and nature of the reason for the nonperformance and delay, and Skyroam resumes performance immediately upon the conclusion of the relevant force majeure.
Section 16: Governing Law; Dispute Resolution and Arbitration
Let's Try To Sort Things Out First.
Please contact support@skyroam.com to try to resolve any dispute. If a dispute is not resolved within 60 days of submission, you or Skyroam may proceed to formal dispute resolution.
Governing Law; Judicial forum for disputes.
These T&Cs are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Both Parties Agree To Arbitrate. You and Skyroam agree to resolve any claims relating to these T&Cs through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. Any 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 in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with Skyroam on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
Section 17: Contact Information
Questions about these T&Cs should be sent to: legal@skyroam.co
LEGAL ADDRESS NOTICE:
Attn: Skyroam, Inc. LEGAL
611 Gateway Blvd, Suite 120
South San Francisco, California 94080 USA
II. PURCHASE TERMS:
Thanks for using Skyroam!
These Terms of Service (“T&Cs,” “Agreement,”) cover your use and access to Skyroam’s wireless modem hotspots, applications, products, accessories, services, and websites (“Products and Services” or “Equipment”). This is a contract between you and Skyroam, Inc., having its registered office at 611 Gateway Blvd, Suite 120, South San Francisco, CA 94080 USA ("Skyroam"). By using the Products and Services, you're agreeing to be bound by these T&Cs, Skyroam’s Privacy Policy, and any links or references to other policies on our website incorporated herein. If you're using Skyroam’s Products and Services for an organization, you're agreeing to these T&Cs on behalf of that organization.
BEFORE YOU USE THE PRODUCTS AND SERVICES, PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS SET FORTH HEREUNDER. BY USING THE PRODUCTS AND SERVICES, YOU ARE BOUND BY AND HAVE BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT CONTINUE TO USE THE PRODUCTS AND SERVICES. SKYROAM RESERVES THE RIGHT TO REFUSE PRODUCTS AND SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.
THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC. THAT EXPRESSLY REFERENCES AND SUPERSEDES THIS AGREEMENT (A “SUPERSEDING AGREEMENT”).
If you purchased your Product and Services from a reseller or partner who is authorized by Skyroam to sell such Equipment (“Authorized Partner”), these T&Cs will still apply as the Agreement between Skyroam and you for your applicable use.
Section 1: Products & Services
In addition to the Products and Services, Skyroam also provides a quick start guide to travelers who plan to visit the United Kingdom, Europe, Asia, or other international destinations covered by Skyroam as listed on the Skyroam website: skyroam.com/global-coverage.
FAIR USE POLICY: Our goal at Skyroam is to provide high-speed internet access to our entire community of users, anywhere and anytime! To ensure we optimize our data network to provide the best speeds to the greatest number of customers worldwide, we practice an industry standard Fair Use Policy, consistent with most mobile carrier and broadband company policies for mobile data usage. Because our network is a limited resource, customers who take a disproportionately high amount of data may experience reduced network speeds, based on location and service, so that we protect Fair Usage for all. To ensure you have uninterrupted high speed data, we strongly recommend disabling apps and features that consume data in the background, including cloud syncing, large system updates, auto-backups, auto-app updates, and avoid extended use of video streaming, gaming and other online activities that consume large amounts of data.
Section 2: Eligibility to Purchase
While the Products and Services may be used by travelers of any age, Skyroam will only allow purchases from adults who are at least 18 years of age. If you are not 18 years of age, you represent that you are at least the age of majority in your respective state or province of residence; or that you are the age of majority in your state or province of residence and you have given Skyroam your consent to allow your minor dependents to use the Products and Services.
Section 3: Delivery
When you place an order to purchase, Skyroam asks that you inspect all Equipment upon receipt and to verify that it is in good working order and condition. It is your responsibility to ensure that you are available to receive and that you accept the delivery of the Equipment. Skyroam will assume all risk of loss and damage from the delivery of the Equipment from the point of sale to your designated address.
Section 4: Use of Equipment
You agree to use all Equipment in accordance with these T&Cs and provided quick start guide. You further agree that you will NOT do any of the following:
(a) make repairs or modifications, or alter in any way, the Equipment (including but not limited to the swapping of a non-authorized Equipment battery, camera, or speaker);
(b) remove or alter any certification markers affixed to the Equipment;
(c) share the Equipment with any third party, or allow any such third party to use the Equipment, with the sole exception of a family member, companion, or friend on your trip (up to five devices);
(d) grant any interest in the Equipment to any third party; or
(e) use the Equipment for any illegal purpose, including in violation of your jurisdiction (including but not limited to copyright laws).
(f) use the Equipment, Products, Services, or its content: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (iv) to infringe upon or violate Skyroam’s intellectual property rights or the intellectual property rights of others; (v) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Skyroam website, other websites, or the Internet; (viii) to collect or track the personal information of others; (ix) to spam, phish, pharm, pretext, spider, crawl, or scrape; (x) for any obscene or immoral purpose; or (xi) to interfere with or circumvent the security features of the Services or any related Skyroam website, other websites, or the internet.
(g) use the Equipment to transmit worms or viruses or any code of a destructive nature.
Skyroam reserves the right to terminate your use of the Product and Services for violating any of these prohibited uses in this Section 4.
Section 5: Returns
If you would like to return your order within 30 days of your delivery date, your Equipment must be unused and in the same condition that you received it. It must also be in the original packaging. Once Skyroam receives your returned Equipment, you'll receive confirmation from the Skyroam customer support team and your refund will be processed through your original method of payment within three (3) business days. To ask any questions about return instructions please kindly reach out to the Skyroam customer support team at support@skyroam.com. You will be responsible for return shipping costs and must include trackable shipping service.
Section 6: Fees & Charges
Purchase Charges. The use of purchased Equipment data may be assessed using 24-hour day passes (“Daypasses”) for up to five devices, commencing as of the rental start date when you click start and confirm on your Skyroam hotspot screen.
Unlimited Subscriptions available ONLY for Purchased Skyroam hotspots (“Subscription”): Unlimited Subscriptions for purchased Skyroam hotspots will be managed by our Fair Use Policy above.
A “Month” is defined as a 30-day billing cycle. A Subscription or GoData plan (a “Plan”) fee will replace any Daypass fees and will be charged on a 30-day billing cycle basis to your Payment Method (PayPal, credit card, etc.) on the calendar day corresponding to the commencement of the paying portion of your Plan. Note, if the initial Plan payment falls on a non-recurring date (29th, 30th 31st), Skyroam may adjust the billing cycle to the 1st of the month.
Unless you cancel your Plan four days before your Monthly billing date (“Plan Cancellation”), you authorize Skyroam to charge the subsequent Month's Plan fee to your Payment Method. The Plan will continue on a Month-to-Month basis until terminated, in accordance with the cancellation terms within this Section 6. Daypasses, Subscriptions, and GoData plan information may be found and purchased at our designated store: a.Skyroam.com, our Skyroam Consumer Portal or in our Solis Wi-Fi App.
GoData plans are also only available for Purchased Skyroam hotspots (“GoData”). GoData plans for purchased Skyroam hotspots will be allotted a total of 1GB full speed data per Month. If you consume 1GB before the end of the month, you have the option of purchasing additional gigabyte bundles. Additionally, you can set up an auto-reload feature to automatically add a set number of gigabytes upon your limit reached.
Current fees for Daypasses, Plans, and other Products and Services are posted on our website and may be amended without prior notice. If you have a remaining balance of two Daypasses or less, those remaining Daypasses will expire after 12 months of inactivity. If you have a balance of Daypasses in your account and you do not use that balance of Daypasses in that account for 12 continuous months, two Daypasses will expire from your account at that time and again every 12 months. Using a least one Daypass resets the twelve (12) month cycle of inactivity. If after twelve months of non-use there is only a balance of one Daypass, then one Daypass will expire. If no balance remains, no Daypasses will expire. Please note that Skyroam does not apply any credit for a partial billing date; all partial days will be treated as full days for billing purposes.
To place any purchase order on our Equipment, you may purchase on our online store, as hosted by Shopify Inc. (“Shopify”) or Snipcart Inc. (“Snipcart”). Skyroam requires a credit card or PayPal account for all applicable charges. The credit card or PayPal account details may be kept on file in the event that other Service Charges need to be placed with your opt-in consent. Such credit card and payment information are always encrypted during transfer over networks. Purchases may also be made, including but not limited to, on Amazon.com, Lazada.com, eBay, and other marketplaces, which will be governed by the respective T&Cs of each marketplace.
(b) Service Charges. Usage charges must be pre-paid according to the current airtime and data rate schedule for Daypasses and Plans, as posted on Skyroam’s website. In some cases, charges from enterprises may be post-paid if agreed in a signed writing in advance by both Skyroam and the enterprise.
(c) Cancellation. You can cancel your account, Plan, or use of Daypasses anytime you want, there is no cancellation fee. If your Equipment has already been dispatched, then Skyroam will not be able to refund relevant shipping charges. If you already have received the Equipment and wish to cancel, you will need to return it to Skyroam immediately. Upon cancellation of your account, you will forfeit all Daypasses in the account. No refund for unused Daypasses is allowed.
Plan Cancellations. In order to not incur any subsequent Monthly fees, you must cancel such plan within four (4) business days before your next month’s billing cycle.
(d) Duty / Tax Charges / VAT. Depending on the country of where your purchase transaction is taking place, you may be subject to Duty / Tax / VAT Charges in which case you will be responsible for these charges.
Section 7: Ownership of Equipment
By purchasing the Equipment or Skyroam hotspot, you will obtain property rights as to the specific Equipment for your personal use and not for resale or distribution.
Section 8: Skyroam’s Warranty
One (1) Year Warranty. Skyroam will exchange or repair any units or parts that are defective within one-year of when you purchased your Equipment. Please contact support@skyroam.com so Skyroam may assess any Product or Equipment issues to help resolve. It is your obligation to notify Skyroam immediately in the event that you experience any problems with your Equipment. In case the law in the locale in which the Skyroam hotspot was purchased by an authorized Skyroam dealer required a warranty longer than one year, the warranty shall equal the minimum required by law.
Section 9: Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8 ABOVE, SKYROAM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, REGARDING THE EQUIPMENT OR THIS AGREEMENT. SKYROAM CANNOT WARRANT ITS PRODUCTS AND SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT IT WILL OPERATE PROPERLY ON ALL WIRELESS NETWORKS, THAT IT WILL MEET ALL OF YOUR NEEDS, OR THAT ACCESS WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS. SKYROAM CANNOT BE RESPONSIBLE FOR THE LEGALITY, ADEQUACY, ACCURACY, QUALITY, OR OPERATION OF ANY THIRD-PARTY PRODUCTS OR SERVICES. SKYROAM EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES, AND ANY THIRD PARTY PRODUCTS OR SERVICES ACCESSED THROUGH ITS PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR THE USE OF THE EQUIPMENT AND FOR ANY RELIANCE ON ANY THIRD PARTY PRODUCTS OR SERVICES.
While Skyroam will delete all personal information left on returned Equipment. YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ERASING PERSONAL INFORMATION PRIOR TO RETURNING EQUIPMENT RENTED PURSUANT TO THIS T&CS AS THE EQUIPMENT IS NOT INTENDED FOR ANY STORAGE OR USE, INCLUDING BUT NOT LIMITED TO STORING PERSONAL INFORMATION AND DATA.
Section 10: Consequential Damages; Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, NEITHER SKYROAM NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES SHALL IN ANY EVENT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OR REPLACEMENT GOODS AND SERVICES, COVER, OR RELIANCE DAMAGES, OR ANY OTHER TANGIBLE LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY, OR OTHERWISE, AND WHETHER OR NOT SKYROAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SKYROAM AGREES THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Skyroam’s total aggregate liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the total amount of all fees paid by you under these T&Cs. This limitation will apply notwithstanding the failure of the essential purpose of any remedy hereunder.
Section 11: Indemnification
By agreeing to these T&Cs, you agree to indemnify, defend, and hold harmless Skyroam, its officers, directors, employees, independent contractors, affiliates, representatives, agents, and other customers against any and all claims, demands, losses, costs, or expenses, including but not limited to reasonable attorneys’ fees, in any way connected with (a) a breach of these T&Cs; (b) any dispute between you and any third party product, service, or site, which you engaged through the Products and Services; and (c) which arise or result from any unauthorized or illegal use or distribution of the Product and Services.
Section 12: Miscellaneous
Skyroam reserves the right to discontinue the Products and Services or terminate and/or amend these T&Cs from time to time at Skyroam’s sole discretion. Expiration or termination of this Agreement will not relieve you of any payment obligations hereunder. Sections 6-9, 12-16 shall survive any such expiration or termination. You may not assign or transfer any of your rights or obligations under this Agreement without Skyroam’s prior written consent. You agree that Skyroam may assign this Agreement without prior notice in the event of a merger, acquisition, or sale of all or part of Skyroam’s business. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will be construed to the extent feasible, to render the provision enforceable. If no feasible interpretation will save such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full force and effect. This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.
Section 13: Third Party Products and Services; User Content
By using the Products and Services, you may receive promotional messages regarding Products and Services Skyroam offers, as well as other third party products, services, and advertisements. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
Any user content you provide us will be at your discretion and with your consent. You understand that your user content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and payment information is always encrypted during transfer over networks.
THIRD PARTY PRODUCTS AND SERVICES
Certain content, products, and services available via the Products and Services may include materials from third parties. Third party links on Skyroam’s website may direct you to third party sites that are not affiliated with Skyroam. Skyroam does not warrant and will not have any liability or responsibility for any third party content, or for any other materials, websites, products, or services of such third parties. Skyroam is not liable for any harm or damages related to any other transactions in connection with such third party websites. Please carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Skyroam may edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you knowingly forwarded and consented to use by Skyroam. In addition, you agree that Skyroam may use your name and logo (whether or not you have made it available through the Products and Services) for the purpose of identifying you as an existing or past customer of Skyroam both on the Products and Services and in marketing, advertising, and promotional materials.
Skyroam is under no obligation (1) to maintain such comments in confidence; (2) to pay compensation for such comments; or (3) to respond to such comments. Skyroam may monitor and remove content that Skyroam determines (in its sole discretion) to be unauthorized, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these T&Cs. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products and Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Skyroam or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Skyroam takes no responsibility and assumes no liability for any comments posted by you or any third party.
Section 14: Promotions
From time to time, promotions may be offered by Skyroam, including but not limited to, 30-day trials. Some trial promotions may require return labels to be downloaded from our website. Promotions are limited to one trial per email address or shipping address and any device accessory losses may apply.
Certain promotional codes must be used at the time of purchase and cannot be exchanged for credit on previous purchases. Such discounts for purchases are applied to Daypasses or Plans only. If applicable, enter the discount code in the indicated text field of the checkout order page, and hit "Apply." The discount will be visible immediately in the order summary. Promotional codes expire within 30 days of issue, unless otherwise specified in writing.
Section 15: Force Majeure
In the event Skyroam fails to perform any obligation pursuant to this Agreement due to an "act of God," or an act of any government, terrorism, riot, labor strikes, industrial disputes, war, accident, or any deficiency in materials or transportation or any other cause of any nature beyond Skyroam’s control, such failure shall not be deemed to be a breach of this Agreement, provided that Skyroam notifies you of the existence and nature of the reason for the nonperformance and delay, and Skyroam resumes performance immediately upon the conclusion of the relevant force majeure.
Section 16: Governing Law; Dispute Resolution and Arbitration
Let's Try To Sort Things Out First.
Please contact support@skyroam.com to try to resolve any dispute. If a dispute is not resolved within 60 days of submission, you or Skyroam may proceed to formal dispute resolution.
Governing Law; Judicial forum for disputes.
These T&Cs are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these T&Cs will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.
IF YOU'RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
Both Parties Agree To Arbitrate. You and Skyroam agree to resolve any claims relating to these T&Cs through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. Any 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 in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with Skyroam on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.
III. PRIVACY POLICY
Skyroam, Inc., is committed to respecting and preserving your privacy. This Privacy Policy and Agreement ("Privacy Policy") covers how Skyroam collects, uses, and treats personal information that you may provide through our applications, devices, hardware, website located at Skyroam.com, shop.skyroam.com, a.Skyroam.com and other affiliated Skyroam.com websites and applications, as updated from time to time (the "Site," or “Products and Services”). By using the Skyroam Products and Services, you agree to be bound by Skyroam’s Terms of Service (“T&Cs”) and this Privacy Policy. The terms "SKYROAM" refers to Skyroam, Inc. and its affiliates. The terms "you" and "your" refer to any user of Products and Services. It also refers to any visitor at our Site ("Site Visitors"), as well as to any visitors who engage in transactions over the Site (if Skyroam were to include such features on the Site) (each a "Site Customer"). Any undefined terms not in this Privacy Policy will use the same definitions as defined in the Skyroam, Inc. T&Cs.
This Privacy Policy was written in English (US) and may be translated to other languages solely for the convenience of our Visitors. In all cases and specifically if a potential conflict between versions arises, the English version of this Privacy Policy controls.
Where you are a Site Visitor or Site Customer in the European Union or the United Kingdom, we provide the Products and Services delivered via this Site or the subject of any customer agreements through our subsidiary: Skyroam GmbH c/o WeWork, Eichhornstrasse 3, 10785 Berlin, Germany.
Skyroam is an international business and our collection, storage, and use of your information necessarily involves the transmission of data on an international basis. Information that users in the European Economic Area (EEA) submit, and data we need to access or analyze in order to provide the Products and Services available to you, may be sent to and stored on secure servers located in the United States of America and may be transferred by us to our other offices and/or to the third parties, who may be situated in the United States of America, People’s Republic of China (China), or elsewhere outside the EEA and may be processed by staff operating outside the EEA. We will ensure that any transfer of personal information from countries in the EEA to countries outside of the EEA will be protected by appropriate safeguards, for example by the use of binding corporate rules or other legally accepted means.
The US, China, and other non-EEA countries do not have similar data protection laws to the EEA, and you should be aware that the law and practice in the United States or China with respect to authority of law enforcement access to data is significantly different from Europe. By using our Products and Services, or providing us with any information, you consent to the collection, processing, maintenance, and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to, those in the country where you reside and/or are a citizen.
- Scope of Policy
This Privacy Policy applies (i) to anonymous information you provide to us while using our Site, and (ii) to Personally Identifiable information that you choose to provide to us via the Site, or that you provide to us as part of the process of registering online as a Site Customer. This Policy does not apply to other information Skyroam may collect through traditional, offline means.
2.Your Consent
This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. By using our Products and Services, or visiting or using the Site in any manner, you acknowledge that you accept the practices and policies set forth in this Privacy Policy and you hereby consent that we will collect, use, and share your information as described below. If you do not agree to the terms and conditions in this Privacy Policy, please do not use the Site.
2.1 Consent by Site Visitors
By accessing and using the SKYROAM Site as a Site Visitor, you are acknowledging that you have read and understood this Privacy Policy and agree to be legally bound by it. If you do not agree with the terms of this Privacy Policy, please refrain from using the SKYROAM Site.
2.2 Consent by Site Customers
If Skyroam decides to include features on the Site that allow online transactions, Site Customers submit contact information, and other information, to us via the Site. When you register as a Site Customer via the Site, you will be prompted to click an "I Accept" button linked to this Policy. Clicking "I accept" confirms your agreement to be bound by this Privacy Policy.
- The Information Skyroam Collects and Our Uses of this Information
Skyroam will not share Personally Identifiable Information you provide via our Products and Services or the Site with any third party, other than as expressly disclosed in this Policy. "Personally Identifiable Information" means information that identifies you, such as your name, mailing address, or email address. Skyroam collects information from you at different points, and use this information as follows:
3.1 Registration Information
As a user of our Products and Services, Site Visitor, or Site Customer, you may provide Personally Identifiable Information to us, in connection with requests for information, or for other reasons.
3.2 Emergency Information
As a Site Customer, you may provide personal information, emergency contact information, and other information to us in connection with requests for information or for other reasons. This information is requested to support our Product and Services offerings, designate emergency personnel in the event of an emergency, and configure and personalize your SKYROAM device and/or experience.
3.3 Processing Requests and Transactions
When you make a request of us, Skyroam will use any Personally Identifiable Information that you provide in connection with that request for the purposes of processing and responding to that request. In each instance where you make a request, Skyroam will use the information you provide to us solely for the purpose of fulfilling your request.
3.4 Newsletters, Informational Notices and Bulletins
Periodically, Skyroam may choose to send newsletters, bulletins, marketing materials, or other information to you, and will use Personally Identifiable Information to send such communications. If Skyroam chooses to undertake such communications, you will have the ability to opt out of receiving these communications as provided in Section 5.
3.5 Anonymous, Aggregate Information.
"Aggregate Information" is information that does not identify you and may include statistical information that may range from statistical information and analyses concerning the number of transactions through our Site or services, and the pages on our Site that users visit most frequently. Skyroam uses Aggregate Information to analyze the effectiveness of our Site, to improve our services and our Site, and for other similar purposes. In addition, from time to time, Skyroam may undertake or commission statistical and other summary analyses of (i) the general behavior and characteristics of our Site Visitors, (ii) the effect of our programs on, and the behavior of our Site Visitors, and (iii) the general characteristics of visitors at our Site and participants in our services. Skyroam may share these analyses and Aggregate Information with third parties. Rest assured, though, that Aggregate Information provided to third parties will not allow anyone to identify you or determine anything personal about you.
3.6 IP Addresses
SKYROAM may automatically receive and record information in our server logs from your browser, including your IP address (the Internet address of your PC), your computer's name, the type and version of your web browser, referrer addresses and other generally-accepted log information. Skyroam may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users in order to understand how our Site is being used.
3.7 Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a website's computers and stored on your computer's hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. Skyroam may include cookies on our Site and use them to recognize you when you return to our Site. You may set your browser so that it does not accept cookies. Cookies must be enabled on your web browser, however, if you wish to access certain personalized features of our Services.
3.8 Computer Configuration
In order to determine whether your computer is supported by our system, Skyroam may collect certain anonymous information. This information includes, but may not be limited to, your operating system and browser, as well as the presence of any software that our Site may require to operate with your computer, or other third party software on your computer. This information is kept strictly confidential and is not shared with third parties, except as provided for in this Privacy Policy.
3.9 Extent of Information Collected
- Skyroam does not collect any more Personally Identifiable Information than reasonably necessary to operate the Site, including its Products and Services, and respond to your requests.
Skyroam Does Not Disclose Information to Unaffiliated Third Parties. With limited exceptions Skyroam only uses and discloses Personally Identifiable Information as detailed in Section 3, above. Skyroam will not otherwise disclose your Personally Identifiable Information to unaffiliated third parties without your express consent, except in the following limited circumstances:
4.1 SKYROAM Site Vendors
Skyroam may employ other companies to perform functions on our behalf, such as (i) maintaining the Site, (ii) maintaining the server farm or farms that allow us to host your data, (iii) collecting information, (iv) responding to and sending electronic mail, or (vi) other functions necessary to our business. Skyroam may need to share your Personally Identifiable Information with these companies (collectively, "Site Vendors"). Skyroam will provide Site Vendors with only that information necessary to perform their functions, and Skyroam will not allow such Site Vendor to use your Personally Identifiable Information for any other purpose.
4.2 Imminent Harm
Skyroam may reveal your Personally Identifiable Information to attorneys, private investigator organizations, or law enforcement agencies if Skyroam believes (a) that you are at risk of harm from another, (b) that you are harming or interfering (or will imminently harm or interfere) with others, or (c) violating (either intentionally or unintentionally) our Terms and Conditions of Use or otherwise violating legal rights. Please note, however, that by specifying this exception from our privacy and data protection practices, Skyroam assumes no duty to monitor safety concerns on your behalf.
4.3 Legal
Skyroam will reveal your Personally Identifiable Information, to the extent Skyroam reasonably believes it is required to do so by law, or in the unlikely event Skyroam becomes involved in a dispute with you, and such information is necessary to support or defend our position. If Skyroam receives legal process calling for the disclosure of your Personally Identifiable Information Skyroam will attempt to notify you via the email address you supplied during registration within a reasonable amount of time before Skyroam responds to the request, unless such notification is not permitted.
4.4 Transfer of Site
Skyroam shall be entitled to transfer to a third party information it collects, including any Personally Identifiable Information, in connection with a sale or transfer of all or substantially all of the assets of the business entity responsible for the information under this Policy, provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that in all material respects are the same as or more protective than those set out in this Privacy Policy.
- Changing or Removing Information; Opting Out
5.1 Discretionary Account Information
To allow appropriate control over Personally Identifiable Information, you can access the Personally Identifiable Information you have provided to us, to change or update discretionary information that you have previously submitted.
5.2 Opt-Out
If Skyroam chooses to send to you bulletins, updates, or other unsolicited communications that are marketing-related materials, Skyroam will provide you with the ability to decline - or "opt-out of" - receiving such communications. Instructions for opting-out will be provided if and when Skyroam determines to send you such a communication. Please understand that you will not be allowed to "opt-out" of formal notices concerning the operation of our Products and Services, and legal and other related notices concerning your relationship to Skyroam.
5.3 Deleting Information
Finally, if you request, Skyroam will remove your name and all other Personally Identifiable Information from our databases compiled from the Site. Please understand, however, that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you will be unable to utilize associated features of the Site and any associated services or information. You may not remove de-identified or Aggregate Information from our databases.
- Security
Skyroam has put in place security systems designed to prevent unauthorized access to or disclosure of information you provide to us, and Skyroam takes reasonable steps to secure and safeguard this information, commensurate with the size and the demographics of SKYROAM.
Please understand, though, that Skyroam does not warrant as fail-proof the security of information provided by or submitted to SKYROAM. Due to the nature of Internet communications and evolving technologies, Skyroam cannot provide, and disclaim, assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access.
- Privacy Protection for Children and Teens
Our Site is not directed at children, and Skyroam will not accept or request Personally Identifiable Information from individuals Skyroam knows to be under 13. In accordance with the Children's Online Privacy Protection Act ("COPPA"), if Skyroam learns that a child under 13 has provided Personally Identifiable Information, Skyroam will either (i) delete this information from our databases, in accordance with our deletion policy, set out in Section 5.3, or (ii) obtain verifiable parental consent, in accordance with COPPA. - Notification of Changes
From time to time, Skyroam may change this Privacy Policy. If Skyroam makes any changes regarding disclosure of Personally Identifiable Information to third parties, Skyroam will attempt to contact you prior to the date the modified policy is scheduled to take effect. Skyroam will post notice of the new Policy from the privacy link on our Site. With respect to Site Visitors, your use of our Site following any such change constitutes your agreement to follow and be bound by the Privacy Policy, as changed. With respect to Site Customers, no such changes will take effect unless and until you have provided us with your consent to such changes, in accordance with Sections 1.2 above. - Relationship to Terms of Service and Other Contracts
This Privacy Policy must be read in conjunction with our Terms of Service, and the provisions of our Terms of Service are incorporated herein. To the extent the Terms of Service conflicts with the terms of this Privacy Policy, the terms of this Privacy Policy will control.
- Contact Us
Questions about this Privacy Policy should be sent to: legal@skyroam.co
You may also contact us for any reason at the following address below:
LEGAL ADDRESS NOTICE:
Attn: Skyroam, Inc. LEGAL
611 Gateway Blvd Suite 120
South San Francisco, CA, 94080 USA
BUSINESS SUBSCRIPTION
TERMS AND CONDITIONS
These Business Subscription Terms and Conditions (“Terms and Conditions”) are supplemental our general Terms of Service (“T&Cs”) as posted on our Site. Any undefined terms not in these Terms and Conditions will use the same definitions as defined in the Skyroam, Inc. (“Skyroam”) T&Cs. In the event of any conflicting terms, these Terms and Conditions shall control.
By purchasing the Skyroam Products or Services through our Corporate Order Form, You, the Business Customer (“Customer”) are verifying that you are an authorized representative of your company to enter into such transactions. Accordingly, you will be governed by these Terms and Conditions for such Skyroam the Products and Services selected. The Corporate Order Form will be valid when accepted by an authorized representative of Skyroam. Charges do not include any special construction, applicable taxes or shipping and handling (unless indicated). All orders are subject to credit approval.
For more information on business subscription pricing and the Corporate Order Form, please click here or email us at sales@skyroam.com.
SKYROAM PRODUCTS AND SERVICE: Customer agrees to purchase the Skyroam Products and or Services outlined in the front page of the Corporate Order Form per the Terms and Conditions described herewith. In the case of business monthly subscription services, Customer agrees to remain as a customer of the service for a minimum six (6) months period beginning from the date of service activation identified on the Corporate Order Form. At the end of such period, this Agreement (as defined below) shall be automatically renewed for successive monthly periods on the same terms and conditions contained herein and shall continue to be automatically renewed until terminated by either party as provided herein. Notice of termination should be made in writing to Skyroam no less than thirty (30) days prior to the expiration of any term of this Agreement.
RIGHTS AND OBLIGATIONS OF CUSTOMER: Skyroam's services are only to be used for lawful purposes. Customer shall not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation, or infringement of trademark or copyright. Failure to comply with these obligations shall constitute violation of these terms and conditions and possible termination of this Agreement at Skyroam's discretion should the infringement not be rectified to Skyroam's satisfaction. If Customer operates hardware or software that Skyroam determines may cause hazard, interference, or service interruption to Skyroam provided equipment or services or the Skyroam network, Customer shall immediately remove the offending hardware or software upon notice.
PROPRIETARY RIGHTS: Skyroam grants Customer a non-exclusive, non-transferable license to use the Products and Services provided hereunder. Title, property rights, software licenses and hardware licenses and agreements, including all intellectual property rights to such Products and Services, are and shall remain with Skyroam, whether or not they are embedded in any Product or Service. Customer recognizes that the Products and Services used hereunder constitute valuable trade secrets of Skyroam. Customer will use its best efforts to protect and keep confidential any and all Products and Services used by it and shall not attempt in any way to copy, examine, alter, re-engineer, tamper with, or otherwise misuse such Products and Services.
CUSTOMER EQUIPMENT & SERVICE: Customer is responsible for all maintenance and upgrades of equipment purchased from Skyroam. At the end of the completed 12 month agreement, customer may retain any device that was offered as free at the beginning of the term. Daypasses that may be included as part of a subscription must be used within the paid month and may not be rolled over or used in subsequent months,
SHIPPING TERMS: Shipping terms are FCA Hong Kong, San Francisco, or Berlin, unless otherwise agreed in writing. Inventory in these three locations may vary from time to time. Customer shall pay shipping costs from Hong Kong, San Francisco, or Berlin. Skyroam will put forth all reasonable efforts to send partner hotspots in the most cost efficient and timely manner. Customer is responsible for applicable VAT, customs, duties and other fees that may be applicable for import of goods to Customer's country of delivery. Customer shall order and pay for subscription in order to receive hotspots in advance by wire transfer, corporate check, credit card, or other means mutually agreed to by parties in writing.
INVOICING AND PAYMENT OF SERVICE: Initial rates for the services are set forth on the Corporate Order Form. The initial rates shall be in effect for the duration of the initial service commitment. During any renewal terms, the rates shall be those contained in the then current Skyroam price list unless otherwise agreed by the parties. Skyroam will invoice Customer monthly in advance. The price of the service described within does not include sales, usage, excise, ad valorem, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the Service. Customer agrees to pay such taxes directly or reimburse Skyroam for any such taxes. This invoice is due and payable in full on the date shown on the invoice.
NON-PAYMENT / CUSTOMER TERMINATION: A late charge of the lesser of 1-1/2% per month or the maximum rate permitted by law may be applied to each of Customer invoice not paid by the due date. This late charge is applicable to the unpaid balance as of the due date. Customer shall pay Skyroam all costs including, without limitation, reasonable attorney fees, the fees of any collection agency, and any other costs incurred by Skyroam in exercising any of its rights under the Agreement. All payments are non-refundable.
LIMITATION OF LIABILITY: Skyroam exercises no control whatsoever over the content of any information passing through any network accessed by Customer via Skyroam Products and Services and is not responsible for damages Customer suffers for any reason, including, but not limited to, loss or degradation of data resulting from delays, nondeliveries, wrong deliveries and any and all service interruptions whether caused by the acts and omissions of Skyroam and its employees, of Customer or of any other party. Skyroam makes no representation that it can provide uninterrupted service. Furthermore, Skyroam shall have no liabilities due to interrupted service unless caused by the gross negligence of Skyroam. Skyroam shall not be liable for acts or omissions of other carriers, equipment failures or modifications, acts of God, strikes, government actions, or other causes beyond its reasonable control. SKYROAM MAKES NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED. SKYROAM SHALL NOT BE LIABLE TO ITS CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Any legal action arising out of the provision of Skyroam's services shall be brought within a period of one year of the occurrence or shall be deemed waived. Customer agrees to indemnify and hold harmless Skyroam from any and all claims resulting from Customer's use of the equipment or services which cause damage to Customer or any other party.
TRANSFER AND ASSIGNMENT: Neither party, other than for collateral purposes, may sell, assign or transfer this Agreement without the prior written consent of the other party, except that Skyroam may assign this Agreement to any of its affiliates or any person who acquires substantially all of the assets of Skyroam.
GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms and Conditions are governed by California Law, without regard to conflicts of law principles. You and Skyroam agree that any judicial proceeding to resolve claims relating to these Terms and Conditions will be brought in the federal or state courts of San Francisco County, California, subject to the mandatory arbitration provisions below. Both you and Skyroam consent to venue and personal jurisdiction in such courts.
If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements or rights.
You and Skyroam agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration before one arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
Arbitration Procedures. Any 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 in the San Francisco Bay Area before one arbitrator with substantial experience arbitrating claims relating to commercial contracts. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.
Exceptions to Agreement to Arbitrate. Either you or Skyroam may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Products and Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim.
ACCEPTANCE: The Corporate Order Form, including without limitation, these Terms and Conditions as referenced on the Corporate Order Form, together with the Terms of Service contained on Skyroam.com, collectively form an agreement (the "Agreement") and together supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.