Gigs End User Service Agreement (UK) Appendix 1: Gigs Acceptable Use Policy

a. Permissible Uses

You may use our Services for traditional and lawful purposes, and otherwise in accordance with any other limitations in your Service Plan. Examples of permissible uses include: (i) personal voice calls of a duration comparable to and/or not materially in excess of the average End User using a similar Service Plan; (ii) web browsing, email, messaging, app usage, gaming, social media, content streaming, and similar uses of mobile data comparable to and/or not materially in excess of the average End User using a similar Service Plan in a similar geographic location.

b. Prohibited Uses

The following are non-exhaustive examples of prohibited uses of our Services. It is a violation of your Agreement and this Policy to engage in any of the following conduct:

i. Illegal or Unlawful Activities. You may not use the Services for any illegal, unlawful, or harmful purposes including, without limitation, to engage in harassment, threats, abuse, inciting violence, defamation, libel, slander, fraud, deception, identity theft, phishing or pharming attacks, or any other conduct that violates laws.

ii. Inappropriate Content. You may not use the Services to send or promote content that is unlawful, fraudulent, or otherwise harmful, or that contains any malware, viruses, worms, Trojan horses, or other malicious code or software. Additionally, you may not use the Services to view, store, promote, send, disseminate, or transmit images containing child pornography or in a manner that is obscene, indecent, sexually explicit, inflammatory, or which espouses, promotes or incites cruelty, bigotry, hatred or racism, or is otherwise objectionable. You may not use the Services to send uninvited communications, data, information, or engage in similar activities such as by sending spam, mass automated communications, intrusive advertising, or other abusive unsolicited content.

iii. Infringement. You may not use the Services to violate Gigs’ or anyone else’s rights including intellectual property rights (such as copyrights, trademarks, patents, trade secrets), or rights to privacy or publicity.

iv. Services, Service Plan, or Network Abuse. You may not use the Services in any way that harms or abuses the Services, your Service Plan, or network security or integrity generally or any other End User’s access to or use of the same including, for example, by using excessive or abnormal amounts of data or by causing disproportionate contributions to network congestion (e.g., excessive roaming, hotspot use, uploads, downloads, streaming, or any other form of automated or continuous data usage); engaging in any form of denial of service attacks, hacking, unauthorized access to or interference with networks, servers, or other infrastructure; intercepting or interfering with any third party transmissions; or misusing Devices such as by modifying devices beyond manufacturer settings, jailbreaking, or using SIM cards in non-compatible devices. You may not use the Services in excess or violation of your Service Plan, to resell any aspect thereof (e.g., minutes, data) to any third party, or otherwise employ methods, devices, or procedures to take advantage of your Service Plan through excessive use or for means not intended by Gigs. Your use of the Services is for personal use, and you may not use it for commercial purposes such as telemarketing, autodialing, public hotspots, tethering, hosting services, or allowing your Device to connect to never-ending call or data use sessions.

c. Specific to Data Use and Unlimited Data Use

i. Data must only be used for legitimate personal purposes by an individual End User, in the manner intended by Gigs and consistent with the terms of this Policy.

ii. If you’re using data in a way which Gigs believes is harmful to the network, then as noted in your Agreement we may introduce certain traffic management measures such as reduced speeds or additional charges.

iii. If your unlimited data usage exceeds 150GB per month twice or more in a six (6) month period, we reserve the right to investigate and determine whether you are using data in a way that violates this policy.  Following such an investigation, if Gigs determines or reasonably suspects that your usage is for purposes other than as permitted by this Policy, Gigs reserves the right to transfer you to a more suitable plan, impose restrictions, or otherwise take action consistent with this Policy and your Agreement.

d. Roaming

i. You must not use any inclusive roaming services more than would be reasonably expected. Use of our services while you are roaming is intended for temporary, periodic travel such as holidays and short breaks.

ii. As noted above in this Policy, roaming is intended for temporary, periodic travel such as trips of limited duration, holidays, and short breaks. Permanent roaming is not permitted.

iii. Gigs reserves the right to monitor and check your roaming use. If you use our Services in an inclusive roaming destination for 61 or more days in a 120-day period and your corresponding roaming usage exceeds your non-roaming usage within the UK, you may be subject to additional charges.  Rates for additional roaming are as set forth in your Service Plan.