Partner Terms of Service

Exhibit A: Services

    This Services Exhibit operates as an attachment to the Gigs TOS and describes the Services, including any additional terms and conditions that may apply. Services requested are as set forth on an Order Form. Capitalized terms used but not defined herein have the meanings given to them in the Gigs TOS.

    Overview

    Gigs' Services provide a global connectivity enablement platform used for providing, managing, and administering End User telecommunications subscriptions for voice, messaging, roaming, and/or data services. The Services include (i) the Gigs Platform Services, and (ii) the Connectivity Services.

    A. Connectivity Services: Through its Third-Party Connectivity Providers, Gigs offers two types of Connectivity Services: (1) the Mobile Wireless Services, and (2) the Travel Data Services.

    The “Mobile Wireless Services” means the telecommunications services provided by Gigs to End Users through its Third-Party Connectivity Providers for mobile wireless plans, including mobile voice over internet protocol, data, roaming (if applicable), and messaging. For the avoidance of doubt, fixed wireless and any services directed toward first responders or other emergency response personnel are not part of the Mobile Wireless Services.

    The “Travel Data Services” means the eSIMs and telecommunications services provided by Gigs to End Users through its Third-Party Connectivity Providers for mobile data-only only on the applicable mobile network where the End User is located at any given time. For the avoidance of doubt, IoT (internet of things) services are excluded from the Travel Data Services.

    Partner’s Order Form shall specify details for the carrier, plans, rates, and Territory covered (if applicable) available to End Users for these Connectivity Services.

    B. Gigs Platform Services:

    Access

    Gigs provides the following methods of accessing and/or using its technology platform along with a variety of features and solutions for engaging with Gigs' Services:

    (1) Gigs Connect – Offers a customizable user-interface (UI) and is a white-box subscription management and hosted checkout service for Connectivity Services. Depending on the desired implementation of Gigs Connect, it may be used as (a) a full end-to-end UI product, or (b) otherwise used in conjunction with the Gigs API to offer a UI for defined sets of features (i.e., Connect Sessions).

    (2) Gigs API – Allows integration with the Gigs Platform through application programming interfaces (APIs), and provides Partner greater flexibility and customization in using Gigs' various solutions used with offering Connectivity Services. Depending on the desired implementation of the Gigs API, it may be used (a) as a pure API integration for any of Partner’s needs to connect with the Gigs platform and utilize its solutions, or (b) for certain more limited features but in connection with a specific UI to solve a given issue, such as, for example, Mobile Number porting or eSIM installation (i.e., Embeds).

    If an API is requested by Partner to facilitate End Users’ purchase and use of the Services, Gigs will, at its sole discretion, provide to Partner access and use of Gigs application program interface and related materials and documentation (“API”). Partner will, at its sole cost, complete an integration of the Services (the “Integration”) by utilizing Gigs' API endpoints. Gigs will provide assistance as may be reasonably requested to complete the Integration. In this regard, Gigs hereby grants Partner a limited, non-exclusive, non-sublicensable, nontransferable (except as set forth in Section 11 of the Agreement) license during the Term to download and use the provided APIs to complete the Integration and to facilitate End Users’ purchase and use of the Services

    Product Features & Solutions

    Product features of the Gigs Platform Services available may depend upon the method of access (e.g., Gigs Connect vs. Gigs API) and, as further described below:

    Product Feature

    Description

    Dashboard

    Enables the ability to manage, view, and analyze data regarding End User Subscriptions.  Available with Gigs Connect and Gigs API.  Specific functions may include:  analytics & reporting, data CSV exports, device management (IMEI tracking, swaps, addition/removal), SIM/eSIM replacement, number port in/out support, eSIM provisioning & delivery, discounts & promotions, subscription bundling, usage data records, usage notifications, maintenance of native app & website builds, API access.

    Gigs Payments

    Gigs-managed payment solution.  Specific functions may include: subscription engine, payment retries (up to 73% recovery rate), refunds / partial refunds, discounts, real-time status updates, payment investigations & disputes, download receipts, payment searches / filtering, add-ons, top-ups and plan changes, cadenced payouts, PCI compliance (via Stripe), encryption in transit.  Currently only available with Gigs Connect.

    Partner Payments (“Bring Your Own Payments”)

    Partner-managed payment solution.  Partner has the option to integrate with the payment method of choice.  See additional terms as set forth in your Order Form.  For the avoidance of doubt, Partner Payments are considered an Other Product, as defined in the Gigs TOS.

    Billing

    Gigs provides a solution for billing in order to calculate amounts owed based on charges attributable to End Users’ usage of the Connectivity Services and corresponding taxes owed.  Specific functions may include: subscription management, 3D Secure, fraud detection/prevention, instant payouts, dispute handling, invoicing; payment processing fees separately charged at pass-through rate below when payment is collected by Gigs.

    Taxes

    Gigs provides a solution for tax calculations and collections for sales tax and telecom tax at the city, county, state, and federal level.  Currently available with Gigs Connect and Gigs API.

    Connect Sessions

    Offers a user interface (UI) for a defined and more limited set of features, to be agreed by the parties on a case-by-case basis.

    Embeds

    Provides functionality for certain more limited features but in connection with a specific UI to speed integration (e.g., Mobile Number porting, eSIM installation).

    Native App

    Gigs provides an iOS and Android application to provision End User subscriptions to the Connectivity Services. Specific functions may include: Checkout, plan activation, plan management,  multi-language support and localization.

    Devices

    Coming soon!