Third Party Terms
Gigs’ Services are subject to the Third-Party Terms (“Third-Party Terms”) included below. Where applicable to your Services, any breach of these Third-Party Terms shall be deemed a material breach of your Agreement with Gigs. Capitalized terms not defined here shall have the meanings ascribed to them in your Agreement.
Travel Data Services
No additional Third-Party Terms apply at this time.
Mobile Wireless Services
A. United States (US)
The Mobile Wireless Services provided herein are for resale to and/or use by End Users only in the Coverage Area. As used herein, the “Coverage Area” are those areas provided by Gigs’s Third-Party Connectivity Providers.
The Mobile Wireless Services may only be sold, marketed, and/or distributed to End Users. For the avoidance of doubt, End Users may not further sell, market, or distribute the Services (or any aspect thereof, including the End User’s SIM Card) to any other third-party or entity for further resale or distribution.
The Mobile Wireless Services may not be offered or used for permanent Roaming, whether domestically and internationally. Gigs shall have the right in its reasonable discretion to discontinue Services to any End User that generates excessive Roaming usage. For purposes of this provision, “Roaming” occurs where an End User’s Device connects to another Third-Party Connectivity Provider’s network, whether inside or outside of the Coverage Area.
The Mobile Wireless Service is provided subject to Gigs’s and its Third-Party Connectivity Providers’ ability to receive and maintain regulatory approvals, and You agree that unless such approvals exist there is no obligation for either party to provide the Mobile Wireless Services.
You acknowledge and agree that the Mobile Wireless Services are subject to transmission limitations caused by conditions such as, but not limited to, operating characteristics of End User hardware, atmospheric, topographical, or other conditions, operating characteristics of mobile terminal devices, intentional or negligent acts of third parties that may damage or impair the network or disrupt the Mobile Wireless Service, and other like conditions.
There shall be no credits, reduction or setoff of any amounts charged under your Agreement for "downtime" of Mobile Wireless Services for any reason, including but not limited to failure of communications, power outages, occurrences considered force majeure, system overcapacity, End User device failure, coverage areas, or failure of Third-Party Connectivity Provider’s hardware, software or systems.
You acknowledge and agree (and Partner acknowledges and agrees that it shall not represent in any way contradictory) that from time to time, Gigs and/or Gigs’s Third-Party Connectivity Providers may sunset technologies impacting use of an End User’s Device used with the Mobile Wireless Services. You agree that, in such cases, Gigs no longer has an obligation to support or provide Mobile Wireless Service to such End Users’ Devices.
End Users may not (i) send or be allowed to send Bulk Messages that are found to contain spyware, malware, viruses, or other harmful content, or (ii) use or be allowed to use the Mobile Wireless Services for corporate email. In its sole discretion, Gigs reserves the right to prohibit or remove any content that it deems inappropriate or potentially damaging to its reputation or to the Services, including without limitation by terminating the End User’s use of the Services. For purposes of this provision, “Bulk Messages” means sending and/or receiving a high volume of SMS messages.
Assignment of any specific mobile telephone numbers (“Mobile Number(s)” or any specific amount of Mobile Numbers is not guaranteed. Mobile Numbers are assigned by Gigs’s Third-Party Connectivity Providers according to their own protocol.
Neither Partner nor End User shall acquire a property interest in any specific Mobile Number assigned for its use and no property interest is acquired by any usage of the Services. Gigs and its Third-Party Connectivity Providers reserves the right, at its sole discretion, from time to time, to assign, designate or change such Mobile Numbers upon advance notice, when reasonable and necessary in the conduct of Gigs’s and/or its Third-Party Connectivity Providers’ business.
Once a Mobile Number has been deactivated and canceled, the Mobile Number will only be available for reactivation for up to sixty (60) days from the date of cancelation, or such other period as may be determined by and in the sole discretion of Gigs’s Third-Party Connectivity Provider.
Each Mobile Number may only be used for one (1) SIM card at a time, and shall have a unique IMSI or other such safeguard as may be required by Gigs or its Third-Party Connectivity Provider from time to time to prevent fraudulent activities.
You understand and agree that Gigs prohibits any use of the Services that causes extreme network capacity issues and/or interference with the network. The Services may only be used with approved Devices, as set forth in the applicable Service Plan.
End User shall acquire no proprietary interest in any Mobile Number assigned by Gigs for its use. Unless caused by the sole negligence of Gigs, End User shall indemnify and hold Gigs, its officers, employees, suppliers of service and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the access Mobile Number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of this Agreement.
Unless otherwise expressly permitted, SIMs may only be sold or distributed to End Users for use with a Device in connection with the Services. SIMs may not be sold or distributed to any other third party.
End User shall, and shall be required to safeguard End User’s SIM Card and not to allow any unauthorized person to use End User’s SIM Card. End User agrees not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, End User’s SIM Card. Gigs may, from time to time, remotely update or change the encoded information on End User’s SIM Card.
Any fraudulent or abusive use of the Services is prohibited. Fraudulent and/or abusive use of the Services includes, by way of example and without limitation: (i) using the Services to violate Law, (ii) attempting to access, use, or tamper with the Services by any unauthorized, unlawful, or fraudulent means, or assisting any third party with the same, (iii) using the Services in any way that unreasonably interferes with any third-party’s use of the Service, or (iv) using the Services in any way not contemplated or prohibited by the Agreement.
B. United Kingdom (UK)
No additional Third-Party Terms apply at this time.
C. Ireland (IE)
No additional Third-Party Terms apply at this time.