SkyNet Service Agreement

Last Updated: 08/24/2024

Dispute Resolution: THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICE.

This Service Agreement ("Agreement") is entered into by and between Wireless (US) Inc. ("SkyNet", "we" or "our") and you ("Customer" or "you"), who has subscribed to, or purchased SkyNet's products and services (you and SkyNet may collectively refer to the "Parties" and each, individually, a "Party").

1.SCOPE OF AGREEMENT

This Agreement governs your use and purchase of SkyNet's services and products, including, but not limited to, our Internet services, Wi-Fi services, SkyNet devices, installation services, and any other products and services subject to this Agreement (collectively, the "SkyNet Services"), and ordered pursuant to an ordering document detailing the SkyNet Services or via our website or mobile application (each, an "Order"). Each Order is incorporated by reference and made part of this Agreement. In the event of any conflict or inconsistency between the terms of this Agreement and the terms of any Order, the terms of the Order shall govern to the extent necessary to resolve such conflict or inconsistency.

By accepting this Agreement in writing or electronically, you are also accepting our Terms of Use, Privacy Policy, Acceptable Use Policy, Returns & Limited Warranty Policy, and any other policies or agreements referenced in this Agreement or made available to you on www.wirelessskynet.com, or on our mobile application, which may be updated from time to time at our sole discretion. By continuing to use the SkyNet Services after we have updated the foregoing terms and policies, you agree to accept all such updates.

2.SKYNET DEVICE & KIT

The SkyNet Services may require the use of specific SkyNet devices and equipment (the "SkyNet Device"), which SkyNet may make available for purchase or rent, along with accessories such as power adapters, cables, and mounts (collectively, the "SkyNet Kit"). If SkyNet provides or rents you the SkyNet Kit, it will remain SkyNet's property, and you are granted a non-transferable right to use it solely for accessing your subscribed SkyNet Services. You may not transfer the rented SkyNet Kit to any third party without SkyNet's prior written consent. You are responsible for maintaining the SkyNet Kit, and any damages not covered by the Returns & Limited Warranty Policy will be at your expense. To the extent permitted by law, we may charge up to $600 for damages not covered by the warranty.
SkyNet Kit Installation. Unless an installation service is included in your Order, you are solely responsible for installing the SkyNet Kit. You must ensure that your installation location is free from potential hazards, is structurally capable of supporting the SkyNet Kit, and follows all manufacturer-provided instructions and safety guidelines. You acknowledge that installing the SkyNet Kit carries inherent risks, including but not limited to working at elevated heights, exposure to electrical components, and environmental factors. It is your sole responsibility to perform the installation in a safe and diligent manner, taking into consideration all relevant safety precautions and regulatory requirements. Any damage, injury, or loss resulting from installing the SkyNet Kit, including but not limited to personal injury, property damage, or interference with existing infrastructure, shall be your sole responsibility. SkyNet shall not be liable for any such damages or losses arising from the installation process.
SkyNet is also not responsible for any alterations or modifications to your property, including your house, apartment, roof, or walls, needed to install the SkyNet Kit.You are responsible for ensuring these modifications comply with all applicable laws, regulations, zoning, building codes, permits, and landlord consent, including any associated fees. SkyNet is not liable for damages, or liabilities resulting from these modifications.
SkyNet reserves the right to suspend or terminate your services if you violate this section or if the installation poses a safety or operational risk to SkyNet Services or other customers.
Returns & Limited Warranty Policy. The SkyNet Kit is subject to SkyNet's Returns & Limited Warranty Policy. Please review it or contact SkyNet customer support for more information.
SkyNet Wi-Fi Hotspot. Each SkyNet Device will broadcast a private home Wi-Fi hotspot, and an additional SkyNet public Wi-Fi hotspot network signal (the "SkyNet Public Wi-Fi Hotspot"). Your SkyNet Device will wirelessly connect with other nearby SkyNet Devices deployed by other customers or us, broadcasting the same SkyNet Public Wi-Fi Hotspot, creating a larger interconnected public Wi-Fi network as each SkyNet Device connects with the other (the "SkyNet Network"). Guests and others in the coverage area can access the SkyNet Public Wi-Fi Hotspot by subscribing to the Wi-Fi Access Service and/or the Internet Service, as applicable. BY USING AND DEPLOYING A SKYNET DEVICE, YOU UNDERSTAND AND AGREE THAT YOUR SKYNET DEVICE WILL BROADCAST A SKYNET PUBLIC WI-FI HOTSPOT; AND IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SKYNET DEVICE.
PLEASE NOTE THAT YOUR PRIVATE HOME WI-FI HOTSPOT AND THE SKYNET WI-FI HOTSPOT ARE SEPARATED.
No Device Modification. You agree not to alter or modify the SkyNet Kit or connect any equipment or devices incompatible with the SkyNet Kit or SkyNet Services. You are responsible for any damage, loss, or interference caused by incompatible equipment or devices. SkyNet reserves the right to terminate or suspend your SkyNet Services if you violate this section.

3.SKYNET SERVICES

Internet Service. SkyNet deploys fixed wireless technology, which involves the transmission of internet data between network base stations and customers' premises via wireless signals. Customers access the Internet through a receiver mounted (i.e., SkyNet Device) on their premises, which communicates with our local towers connected to high-capacity fiber backhaul and/or nearby customers' deployed SkyNet Devices. SkyNet offers various plans and tiers of our Internet services for subscription (the "Internet Service"). The internet service plan you subscribed to will be specified in your Order. If you wish to upgrade to a higher tier of Internet Service, you may submit an Order or contact our customer support. The new Order for the Internet Service shall be subject to the terms and conditions of this Agreement and any additional terms specified in the Order. You agree and acknowledge that any such upgrade shall not affect the existing Service Commitment Term (as defined below), unless otherwise specified in the Order. Our Internet Service is available on specific contractual commitment durations or a month-to-month basis. Please refer to your plan details.
Wi-Fi Access Service. The Wi-Fi access service allows you to access the Internet via our SkyNet Network when you are within the coverage area where the SkyNet Public Wi-Fi Hotspot is available (the "Wi-Fi Access Service"). You can subscribe to the Wi-Fi Access Service through SkyNet's mobile application or website or it may be included in your Internet Service. Access to the Wi-Fi Access Service is at the discretion of SkyNet and its customers.

4.SERVICE PERFORMANCE & UNAVAILABILITY

SkyNet will make reasonable efforts to ensure the availability and reliability of the SkyNet Services, including, but not limited to, the Internet Service and Wi-Fi Access Service. However, due to the nature of the SkyNet Network, which is supported by customer-deployed SkyNet Devices, and factors beyond SkyNet's control, the SkyNet Services may be limited, interrupted, unavailable, or deliver a performance level not expected, including, but not limited to, network congestion, the distance between your location and a SkyNet Device, local interference, weather conditions, the number of devices connected, the performance capabilities of your equipment, and the number of deployed SkyNet Devices in your nearby area , whose performance is also subject to the foregoing conditions. For example, you may lose internet connectivity if the customer's SkyNet Device to which you are connected, or nearby connected SkyNet Devices has been uninstalled, disconnected, or interrupted.

5.ASSUMPTION OF RISK

PLEASE NOTE THAT WIRELESS COMMUNICATION MAY NOT REMAIN PRIVATE OR FREE OF INTERCEPTION OR ACCESS BY OTHERS. YOU ARE SOLELY RESPONSIBLE FOR HAVING APPROPRIATE SECURITY MEASURES IN PLACE ON YOUR SYSTEM AND DEVICE, SUCH AS UPDATED ANTIVIRUS SOFTWARE AND FIREWALL PROTECTION. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE INTERCEPTION OR ACCESS OF YOUR DATA BY UNAUTHORIZED PARTIES.

SKYNET MAKES NO WARRANTIES REGARDING THE QUALITY, RELIABILITY, OR AVAILABILITY OF THE SKYNET SERVICES, INCLUDING BUT NOT LIMITED TO OUR INTERNET SERVICE AND WI-FI ACCESS SERVICE, AND DOES NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION. YOU SHOULD NOT RELY ON SKYNET SERVICES FOR CRITICAL APPLICATIONS OR LIFE-DEPENDENT FUNCTIONS. BY USING SKYNET SERVICES, YOU ASSUME ALL RISKS RELATED TO THEIR QUALITY AND RELIABILITY. FURTHER, THE SKYNET SERVICES ARE NOT INTENDED FOR USE TO CONTACT EMERGENCY OR CRITICAL LINES SUCH AS 911 OR OTHER EMERGENCY SERVICES. WE DO NOT SUPPORT EMERGENCY CALLING, AND OUR SERVICES SHOULD NOT BE RELIED UPON FOR ANY CRITICAL COMMUNICATIONS.

6.PROHIBITED USE

In addition to complying with this Agreement, your use of SkyNet Services is subject to SkyNet's Acceptable Use Policy and Terms of Use. Failure to comply may result in the suspension or termination of your services. It is your responsibility to regularly review and stay informed about these policies to ensure compliance.

7.CHARGES AND BILLING

Charges and Fees. You agree to pay all charges and fees associated with your SkyNet Services, including but not limited to activation fees, equipment fees (e.g., SkyNet Kit and accessories), installation fees, monthly recurring fees, shipping and handling fees, and applicable taxes. Depending on your SkyNet Services, these charges will be billed either as part of your monthly statement or at the time of service. Please refer to the specific service details.
Monthly Recurring Fees. If you subscribe to a SkyNet Service with monthly recurring fees, we will bill you in advance, starting from the service activation date, on a 30-day service billing cycle. Subsequent payments will automatically be billed on the anniversary of each billing cycle ("Monthly Recurring Fees").
Deposit. SkyNet Services may require a deposit. Except where permitted under this Agreement, the deposit will be returned upon the termination or expiration of the applicable subscribed SkyNet Services.
Service Commitment. If you subscribe to a SkyNet Service with a fixed-term commitment ("Service Commitment Term"), you agree to maintain the subscription for the entire duration of the commitment. Early termination may result in early termination fees. Unless otherwise specified in your Order, Monthly Recurring Fees will apply throughout the Service Commitment Term.
On-Demand Service. For services (e.g., Wi-Fi Access Service) provided on a per-use or as-needed basis, fees may be based on the amount of data purchased, service period, or specific service requests (the "On-Demand Service"). These fees shall be paid at the time of service or included in your monthly service statement. If included in your monthly service statement, they will be due along with your regular monthly payment. On-Demand services are non-refundable. For example, if you have subscribed to the Wi-Fi Access Service for a specific, limited period of usage or purchased a certain amount of data for the Wi-Fi Access Services, it will not be refundable, whether the data has been used or remains unused.
Taxes and Surcharges. We may charge you for taxes, levies, duties, government-imposed or regulatory fees, and other surcharges as required by law. You agree to pay all such charges or reimburse SkyNet for these charges.
(All fees, charges, and costs paid or payable by you are collectively referred to as the "Fees").
Payment. Fees may be paid by check, ACH, wire transfer, credit/debit card, or any other method specified by SkyNet. You are responsible for providing accurate and complete billing and contact information and updating SkyNet with any changes. If a payment is not received or is rejected, we reserve the right to terminate or suspend your service.
Third-Party Payment Processor. SkyNet may use third-party payment processors to facilitate the payment of Fees and other charges. By using SkyNet Services, you agree to comply with the terms and conditions of these third-party payment processors. SkyNet is not responsible for any errors or issues that arise from the processing of payments through these third-party services. Any disputes or concerns regarding payment processing should be directed to the respective third-party payment processor. You acknowledge and agree that your payment information may be shared with these third-party processors solely for the purpose of completing the payment transactions.
Payment Disputes. If you dispute any Fees, you must notify SkyNet in writing within 15 days of receiving the invoice, specifying the nature of the dispute and the disputed amount. You and SkyNet will work in good faith to resolve the dispute. If resolved in your favor, SkyNet will issue a credit or refund. If not disputed within this period, the charges are considered final.
Late Payment. In the event of late payment or payment failure, SkyNet reserves the right to charge an applicable late fee on the unpaid balance from the due date at SkyNet's then-current rate and to the extent permitted by law, until full payment is received. SkyNet reserves the right to suspend or terminate your service.

8.TERM, CANCELLATION, AND TERMINATION

Term. This Agreement becomes effective on the date you first click to accept it, sign an Order subject to it, or use the SkyNet Services, whichever occurs first, and remains in effect until all SkyNet Services have expired or terminated.
Initial Term and Auto-Renewal. The initial term of your subscribed SkyNet Services (the "Initial Term") will be specified in the Order, beginning on the service activation date. If applicable, your services will automatically renew for a period equal in length to the Initial Term, unless canceled or terminated before the commencement of the next renewal term. For subscriptions on a monthly basis, the service will renew automatically at the end of each 30-day billing cycle unless you cancel before the start of the next cycle. If the expiring subscription term is one year or longer (i.e., a Service Commitment Term), SkyNet will notify you of the pending auto-renewal at least fifteen (15) days before the next renewal term begins. Certain SkyNet Services may include a trial period. If you decide to cancel during the trial, you must do so before the trial period ends. Failure to cancel before the trial period expires will result in an automatic subscription to the services under the terms of the relevant Order.
Changes to Charges & Fees. SkyNet reserves the right to update pricing, rates, and fees for any SkyNet Services at any time, except where a specific rate is committed during your Service Commitment Term (excluding taxes, government fees, and regulatory charges, which may be updated per applicable laws and regulations). Any changes will be communicated to you in advance, and your continued use of SkyNet Services after such changes will be considered acceptance. Updated fees will apply to the next billing cycle.
Transferring Services. If you wish to transfer your SkyNet Services to an address where the SkyNet Services are not available, you may cancel your subscription in accordance with Section 8 (e) – Cancellation and Early Termination Fee. Transferring to a different service address may result in different Fees and could affect your current rates.
Cancellation and Early Termination Fee. You may cancel your SkyNet Services at any time by notifying us before the next billing cycle. You will be responsible for paying the full Monthly Recurring Fees for SkyNet Services without proration, even if you cancel before the end of the current monthly billing period. Your cancellation will take effect at the end of the current billing cycle after we receive your cancellation request. If you cancel your SkyNet Services before the completion of your Service Commitment Term, you agree to pay an early termination fee ("ETF"), which is specified in your Order.
Termination. You or SkyNet may terminate any of your subscribed SkyNet Services at any time: (i) for cause, immediately by providing written notice to the other Party in the event of a material breach, or (ii) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation, or assignment for the benefit of creditors. Termination of any subscribed SkyNet Services will not relieve you of your obligation to pay any outstanding Fees owed to SkyNet, without prejudice to any other rights or remedies available to either SkyNet or you.
Post Cancellation and Termination. Upon termination or cancellation of your SkyNet Services: (i) your rights, access, and use of SkyNet Services will immediately be terminated; (ii) you must stop using the SkyNet Services and return any rented SkyNet Kit and equipment to the location specified by us within fifteen (15) days, at your own cost, unless otherwise stated in your Order. If the SkyNet Kit is not returned on time or is damaged and not covered by the Returns & Limited Warranty, SkyNet reserves the right to charge an unreturned equipment or repair fee, up to $ 600 as permitted by law; and (iii) any outstanding Fees will become immediately due. You authorize SkyNet to apply your security deposit to any owed Fees, including ETF, unreturned equipment, and repair fees. Any remaining deposit will be refunded.

9.YOUR EQUIPMENT REQUIREMENTS

To use SkyNet Services, your devices must meet the minimum equipment and system requirements identified by SkyNet, including hardware and software standards such as operating systems and compatible web browsers. SkyNet may update these requirements at any time at its sole discretion. While SkyNet will make reasonable efforts to support previously accepted configurations, we are not obligated to do so. Any updates to equipment and system requirements will be made in accordance with Section 13 below.

Any technical support related to your device, hardware, or software not provided by SkyNet shall be solely your responsibility. SkyNet may offer general guidance for configuring third-party devices, but it does not guarantee compatibility or functionality with such devices.

10.NETWORK MANAGEMENT

SkyNet treats internet traffic equally and does not discriminate based on content, sender, application, or service provided via the Internet network. However, SkyNet reserves the right to engage in reasonable network management practices to ensure the overall integrity and quality of service for all customers.

Please review our Network Management Policy for more information.

11.ACCOUNT AND SECURITY

When you sign up for SkyNet Services, and create an online account to use them, you agree to provide accurate and complete information. It is your responsibility to keep your account and password confidential and to limit access to your account. Any activities that take place using your account are your responsibility. You must inform SkyNet immediately of any unauthorized use of your account or other security breaches. SkyNet shall not be responsible for any loss or damage resulting from your failure to meet these security obligations.

12.PRIVACY

For information about how we collect, use, and protect your personal information in connection with your use and access to SkyNet Services, please see our Privacy Policy for more details.

13.UPGRADES, MAINTENANCE, AND MODIFICATIONS

SkyNet reserves the right to update, maintain, and modify the SkyNet Services and SkyNet Kit, including but not limited to patches, firmware upgrades, recalls, and hardware or software replacements. SkyNet may, at its discretion, release updates and upgrades to improve the functionality, security, and performance of the SkyNet Services and SkyNet Kit. These events may result in temporary unavailability of services, and SkyNet will endeavor to minimize any disruption to customers. Updates and modifications may be delivered automatically or require manual installation by the customer. In the event of a recall or necessary modification to the SkyNet Kit, SkyNet will make reasonable efforts to notify the customer and provide instructions for replacement or update. SkyNet may, at its discretion, replace defective devices and parts or provide suitable alternatives to ensure the continued provision of services.

You are responsible for ensuring that your SkyNet Services and SkyNet Devices are updated with the latest software and firmware releases to maintain compatibility and security. SkyNet will make reasonable efforts to notify you in advance of any planned maintenance or updates that may result in service disruptions. However, SkyNet reserves the right to perform emergency maintenance or updates without prior notice in situations where immediate action is necessary to protect the integrity and security of SkyNet Services.

14.SUSPENSION AND TERMINATION

We reserve the right to suspend, discontinue, or terminate your SkyNet Services immediately and without prior notice for any of the following reasons: (a) violation of the Acceptable Use Policy, this Agreement, the Terms of Use, any applicable Order terms, or other policies or guidelines we make available to you; (b) technical or security issues; (c) the need to protect the rights or interests of others or ourselves; (d) compliance with legal requirements, such as obtaining necessary governmental approvals, permits, or authorizations; or (e) for convenience, with proper notice. We shall not be liable for any losses or damages resulting from such suspension, discontinuation or termination of SkyNet Services.

15.INSTALLATION SERVICES

SkyNet Installation. If you and SkyNet agree to an Order for installation services (the "Installation Services"), SkyNet or its contractors will perform construction, installation, and/or maintenance of the SkyNet Kit, as applicable, at your property specified in the Order ("Property"). You or SkyNet will, with your cooperation as needed, obtain all required governmental, landlord, or homeowner association permits, licenses, approvals, and authorizations. You acknowledge and agree that SkyNet has the right to install exterior antennas or SkyNet Kit as part of the installation.Installation Services are non-refundable. Once installation services have been completed or commenced, the costs associated with those services will not be refunded, regardless of any subsequent cancellation, termination, or discontinuation of services
You authorize SkyNet and its contractors to make reasonable alterations and modifications to your Property as necessary for the installation, operation, and maintenance of the SkyNet Kit. These modifications may include, but are not limited to, drilling holes, mounting equipment on the exterior or interior of the Property, and running cables or wiring. SKYNET SHALL NOT BE RESPONSIBLE FOR RESTORING THE PROPERTY TO ITS ORIGINAL CONDITION FOLLOWING THE INSTALLATION , REMOVAL, OR MAINTENANCE WORK OR WHEN YOU OR WE TERMINATE OR CANCEL THE SKYNET SERVICES.
License to Property. You grant SkyNet and its contractor a license to use the Property to install, operate, and maintain, as applicable, the SkyNet Kit in accordance with this Agreement.
Customer Maintenance. You shall maintain the Property, at your own cost, and all building systems in good operating condition, including, but not limited to, foundations, exterior and interior walls, and roof. Any defects must be repaired within fifteen (15) days after receiving written notice from SkyNet, or sooner if required by governmental authority. In emergencies, defects must be fixed within five (5) days. If you fail to make repairs, SkyNet may do so, and you will be responsible for the costs, which will be included in your service invoice. In emergencies, SkyNet may make repairs at your expense before giving notice, and will notify you as soon as practicable.
Access. If maintenance services are included in your Order, subject to your reasonable security and access requirements, you agree to provide SkyNet, its employees and/or contractors, and agents access to the Property twenty-four (24) hours a day, seven (7) days a week for the purpose of designing, constructing, installing, upgrading, maintaining, repairing and replacing the SkyNet Kit.
Title. You represent and warrant that you either own the property where the services will be installed or have obtained all necessary rights, permissions, and consents from the property owner to permit SkyNet and its agents and contractors to access, install, maintain, and operate the SkyNet Kit required for providing the SkyNet Services and perform the services set forth under this section. You further represent and warrant that you have the authority to grant SkyNet access to the Property for the purposes of installation, maintenance, repair, and operation of the SkyNet Services.
Waiver of Damage. To the fullest extent permitted by law, you hereby waive and release SkyNet, including its contractors, from any loss or damage to you or your property resulting from the installation, removal, maintenance activities, or the SkyNet Kit.

16.INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SkyNet, its affiliates, and parent companies, along with their respective employees, officers, directors, agents, representatives, and contractors, from and against any and all claims, liabilities, damages, cost and expenses, including reasonable attorneys' fees, fines, penalties, and losses arising from or related to your use of the SkyNet Services and SkyNet Kit, including but not limited to resulting from your breach of this Agreement, your negligence, recklessness, or intentional misconduct.

17.REPRESENTATIONS AND WARRANTIES

Both you and SkyNet hereby represent and warrant to each other that each Party has the full right, power, and authority to enter into and perform its obligations under this Agreement. Each Party agrees to comply with all applicable laws and regulations relevant to the performance of its obligations under this Agreement. When any Order incorporating this Agreement is executed and delivered by both Parties, this Agreement will constitute the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.

18.INTELLECTUAL PROPERTY

SkyNet retains all rights, titles, and interests, including all intellectual property rights, in and to the SkyNet Services and SkyNet Kit, including any accompanying software ("Software"). SkyNet grants you a limited, non-exclusive, non-transferable license to use the Software solely in object code form, unmodified, and exclusively in conjunction with the SkyNet Kit and SkyNet Services. You may not, and may not permit others to, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software. You acknowledge that the SkyNet Services and SkyNet Kit include SkyNet's valuable trade secrets and improper use or disclosure may cause SkyNet irreparable harm.

Accordingly, you agree to use SkyNet Services and SkyNet Kit solely as authorized by this Agreement. You further acknowledge that the rights granted pursuant to this Agreement are not a sale and do not transfer to you title or ownership of the Software, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO SKYNET.

19.DISCLAIMERS

EXCEPT AS SET FORTH UNDER THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SKYNET PROVIDES THE SKYNET SERVICES AND SKYNET KIT "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS WARRANTY, CONDITION OR REPRESENTATION, AND SKYNET DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY AND DAMAGES.

SKYNET SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, LOST REVENUE, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTIONS, COMPUTER FAILURE, DATA SECURITY BREACH, MALFUNCTION OR ANY LOSSES OR DAMAGES RESULTING FROM THE SKYNET SERVICES AND SKYNET KIT, INCLUDING SKYNET KIT INSTALLATION, REPAIR, REMOVAL, OR OTHER ASSOCIATED SERVICES.

SKYNET's LIABILITY UNDER THIS AGREEMENT FOR ANY INDIVIDUAL CLAIM OR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO SKYNET UNDER THIS AGREEMENT OVER THE SIX MONTHS PRECEDING THE CLAIM GIVING RISE TO THE LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO ANY CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, SKYNET SERVICES OR SKYNET KIT, INCLUDING ANY EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SKYNET WAS INFORMED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER CLAIMS ARE ASSERTED BASED ON CONTRACT, STATUTE, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER LEGAL OR EQUITABLE CLAIM OR THEORY PROVIDED, EXCEPT IF AND TO THE EXTENT THAT ANY LIMITATION VIOLATES APPLICABLE MANDATORY LAW THAT THE PARTIES CANNOT LIMIT OR WAIVE BY WAY OF CONTRACT.

21.DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION AND JURY TRIAL WAIVER

Mandatory Arbitration. In the event of any dispute or issues between you and SkyNet arising out of or relating to this Agreement, SkyNet Services, or SkyNet Kit ("Dispute"), you and SkyNet agree to waive any rights to have a court or jury hear or decide any Dispute and instead, submit the Dispute to a confidential binding arbitration proceeding as the sole means to resolve it. You and SkyNet agreed that the Dispute shall be exclusively submitted to and resolved and settled by JAMS confidential binding arbitration in accordance with the JAMS Streamlined Arbitration Rule and Procedure in Santa Clara, California. The Rule can be found at www.jamsadr.com. The arbitration will be conducted in English. The arbitrator will apply the laws of the State of California in conducting the arbitration. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Payment of all filing, administration and arbitrator fees will be governed by JAMS' applicable rules. The Parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith.
No Class Action. EACH PARTY AGREED AND ACKNOWLEDGED THAT ANY ARBITRATION OR COURT PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE PARTIES FURTHER AGREED THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
Jury Trial Waiver. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY IT. BOTH PARTIES ACKNOWLEDGE THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS MADE ANY REPRESENTATIONS TO THE CONTRARY. EACH PARTY UNDERSTANDS THE IMPLICATIONS OF THIS WAIVER AND MAKES IT VOLUNTARILY AND KNOWINGLY.
Small Claims Exception. Notwithstanding anything to the contrary in this Agreement, each Party retains the right to bring an action in a competent small claims court for Dispute within the scope of that court's jurisdiction. This exception does not waive any other rights or remedies under this Agreement.
Intellectual Property Exception. Notwithstanding anything to the contrary in this Agreement, to the extent you violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners, or licensors, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to jurisdiction and venue in any such court for such purposes.

22.GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. In the event that the arbitration clause above ,is found to be unenforceable, or if applicable law allows the parties to litigate in court despite the arbitration clause, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of the court of competent jurisdiction located in Santa Clara, California (except for small claim court).

23.CALIFORNIA CIVIL CODE SECTION 1798.3 NOTICE

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You can also visit https://www.dca.ca.gov/about_us/contactus.shtml for more information.

24.MISCELLANEOUS

Assignment. Neither Party may assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, SkyNet may assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder without the consent of you to any subsidiary, parent company, or affiliate, or in the event of a merger, acquisition, or sale of all or substantially all of its assets.
Export and Sanction Compliance.You represent and warrant that you are not (i) identified in the U.S. Treasury Department's Office of Foreign Assets Control's ("OFAC") list of Specially Designated Nationals (ii) accessing the SkyNet Services from a jurisdiction subject to an OFAC embargo or sanctions program, or (iii) using the SkyNet Services in any way that would cause us or you to be in violation of a U.S. sanctions program, embargo, trade restriction, or anti-terrorism law.
Force Majeure. SkyNet shall not be liable for any failure or delay in performance under this Agreement due to any event beyond the reasonable control of SkyNet, including but not limited to acts of God, war, terrorism, strikes, labor disputes, embargoes, government orders, failure of communications networks, internet, outages, shortages of adequate power, or any other force majeure event. If a force majeure event occurs, SkyNet shall promptly notify you and make reasonable efforts to resume performance. If the force majeure event continues for more than 30 days, either Party may terminate this Agreement upon written notice to the other Party without further liability, except for any outstanding Fees, the return of SkyNet Kit, and any other obligations accrued prior to termination.
Severability. If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be deemed severed from this Agreement, and the remaining provisions will continue to be valid and enforceable.
Changes to Agreement. We may add, modify, or delete any terms, and conditions of this Agreement at any time. We will notify you of any material changes through email, website or mobile app notification, mail, or other practical methods. We also may provide you with notice of non-material changes at our sole discretion. Your continued use or payment for SkyNet Services after the effective date of the change constitutes your acceptance of such changes.
Non-Waiver. SkyNet's failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. SkyNet's rights and remedies are cumulative and may be exercised at any time.
Subcontractors. SkyNet may engage subcontractors to provide SkyNet Services. However, SkyNet is not responsible for the performance of any third-party contractors recommended for installation services or any other services not directly managed by SkyNet.
No Relationship. No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and SkyNet by your use of the SkyNet Services.
Survival. Any obligations and rights in connection with this Agreement or the SkyNet Services which by their nature would continue beyond the termination, cancellation, or expiration of this Agreement shall survive the termination, cancellation, or expiration of this Agreement, including but not limited to provisions relating to Charges and Billing, Indemnification, Limitation of Liability and Damages, Dispute Resolution, Arbitration, and Class Action and Jury Trial Waiver, and Governing Law and Jurisdiction.
No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
English. This Agreement may be translated into other languages for convenience. However, the English version shall be the governing and controlling language for all purposes.
Entire Agreement. This Agreement, including all Order and any addenda or amendments thereto, constitutes the entire agreement between you and SkyNet, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Electronic Delivery of Notices and Communications. You agree to receive all communications related to SkyNet Services via electronic means, including correspondences, agreements, and notices such as service delivery updates, subscription changes, maintenance alerts, billing information, and other service-related notices (collectively, "Communications"). These Communications will be delivered through email, text messages, in-product notifications, push notifications, or by posting them on our website or mobile application. To the fullest extent permitted by applicable law, you agree that receiving these Communications electronically satisfies any requirement for written communication. You are responsible for ensuring that your SkyNet account contact information remains current.