Third Party Terms

1. Travel Data Services

The following Third-Party Terms for the Travel Data Services apply to Service Plans Globally.

(a) 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 on the applicable mobile network where the End User is located at any given time.  For the avoidance of doubt, all IoT (internet of things) services are excluded from the Travel Data Services.

(b) The quality and availability of the Travel Data Services is not guaranteed and is provided “as-is” and “as available.”  Without prior notice, the Travel Data Services may be temporarily or permanently suspended for reasons including, and without limitation: (i) the Third-Party Connectivity Provider has suspended the Services, whether in full or limited to certain geographic regions; (ii) issues related to network usage; (iii) fraud; or (iv) a force majeure event.  Notwithstanding the foregoing, payment is required for any usage of the Travel Data Services rendered through and including the date of suspension, and there shall be no credits, reduction, or setoff of the amounts charged in relation to such suspension of the Travel Data Services, or any obligation to offer a temporary surrogate service.

(c) You acknowledge and agree that Gigs and its Third-Party Connectivity Providers have no control over how foreign administrations or third-party roaming partners establish their rules and conditions pertaining to Travel Data Services. Neither Gigs nor its Third Party Connectivity Providers nor its Partners shall be liable for any loss or damage sustained by any party due to failure in or breakdown of the communication facilities or telecommunications equipment associated with providing the Travel Data Services, for any interruption or degradation of the Travel Data Services (regardless of the cause or duration), or for any other cause or claim whatsoever arising under this Agreement

2. Mobile Wireless Services

A.  UNITED STATES (US)

1. General

a. “Mobile Wireless Services” means the mobile wireless voice, data, roaming (if applicable) and messaging services provided by Gigs to End User through its Third-Party Connectivity Providers.  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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. Neither Partner nor End User shall acquire a property interest in any specific mobile telephone number (“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.

k. You understand and agree that Gigs prohibits any use of the Services that causes extreme network capacity issues and/or interference with the network.

l. 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.

m. 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.

n. 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.

2. General - Partners Only

a. Services may only be sold, marketed, and/or distributed to End Users.  For the avoidance of doubt, the Services may not be sold, marketed, or distributed to any other third-party or entity for further resale or distribution unless (i) expressly approved in writing by Gigs’s Third-Party Connectivity Providers (which approval may be denied in such Third-Party Connectivity Provider’s discretion), and (ii) where third-party accepts additional terms and conditions required by Gigs’s Third-Party Connectivity Providers.

b. Upon request, Partner shall provide Gigs with a rolling twelve (12) month forecast of demand for Mobile Numbers for the Territory.  Subject to the availability of Mobile Numbers from Gigs’s Third-Party Connectivity Providers, Gigs will use commercially reasonable efforts to honor orders for Mobile Numbers.

c. Assignment of any specific Mobile Numbers or any specific amount of Mobile Numbers is not guaranteed, and Partner agrees that Mobile Numbers are assigned by Gigs’s Third-Party Connectivity Providers according to their own protocol.

d. 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.

e. 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.

f. In addition to complying with the terms and conditions of the Agreement, Partner will (i) comply with any other policies and procedures reasonably established by Gigs for obtaining Mobile Numbers, configuring and programming End User Devices, activating or deactivating Services, porting Mobile Numbers in and out, and any other activities contemplated by the parties’ Agreement; and (ii) assist Gigs take any other measures that Gigs deems necessary to prevent potential harm to its reputation or its Services.  Gigs may modify these policies and procedures from time to time in its sole discretion by providing Partner with notice in accordance with the Agreement.

g. The Parties agree that:  (i) Partner shall not, under any circumstances, represent itself as the FCC-authorized provider of Service; (ii) Partner will not do anything that would tend to discredit, dishonor, reflect adversely upon, or in any manner injure the reputation of Gigs or its Service; (iii) upon Gigs’s request, Partner shall provide Gigs a financial update on a quarterly basis including reasonable documentation such as audited balance sheets and income statements.

h. The Services may only be used with approved Devices, as set forth in the applicable Service Plan.  Partner will comply with Device certification requirements and processes, as may be required by Gigs and its Third-Party Connectivity Providers from time-to-time. Requests to use Devices with the Services other than those Devices already approved is subject to further written approval by Gigs and its Third-Party Connectivity Providers.

i. 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.

j. The Services may only be offered under Partner’s own brands.  Partner will not make marketing or other public statements (i) identifying any Third-Party Connectivity Provider as the provider of the Services, (ii) comparing the Services to any Third-Party Connectivity Provider, (iii) suggesting that the Services are substantially similar to those offered or utilized by a Third-Party Connectivity Provider, or (iv) that otherwise imply that Third-Party Connectivity Provider is responsible in any way for Partner’s performance of its obligations to End Users.  In addition, Partner may not use any intellectual property of any Third-Party Connectivity Provider, including but not limited to any Third-Party Connectivity Provider’s name, trade name, mark, trademark, service mark, trade dress (including color, design, brand and logo), copyrights, patents, inventions, “moral rights”, mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights, without Third-Party Connectivity Provider’s prior written consent, which may be withheld in its sole discretion.  For the avoidance of doubt, this requirement prevents Partner from utilizing or referencing any maps of the Coverage Area offered by the Third-Party Connectivity Provider.

B.  United Kingdom (UK)

No additional Third-Party Terms apply at this time.