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THIS AGREEMENT MAY ONLY BE SUPERSEDED BY A SEPARATE, SIGNED WRITTEN AGREEMENT WITH SKYROAM, INC.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.