Terms Of Use
Last Updated: 10/16/2024
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 PLATFORM
These Terms of Use govern your right to access and use the website at www.wirelessskynet.com, which is operated by Wireless (US) Inc. and its affiliates ("SkyNet", "we", or "our"), and any mobile application, domains, portal, and other online services that we link to these Terms (collectively, the "Platform"). These Terms is a legally binding agreement between you ("you" or "your") and SkyNet.
By accessing and using the Platform, you agree that you have read, understood, and agree to be bound by these Terms and any other terms that are incorporated by reference in these Terms, including our Privacy Policy and Acceptable Use Policy. If you purchase or use any SkyNet products or services, you also agree to be bound by our Service Agreement (the "Service Agreement"), which is hereby incorporated by reference.
1.ELIGIBILITY
You must be at least the age of majority in your jurisdiction to use our Platform. All users who are minors in the jurisdiction in which they reside or under 18 years old are not permitted to access or use the Platform.
In addition, 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 Platform from a jurisdiction subject to an OFAC embargo or sanctions program, or (iii) using the Platform 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.
2.ACCOUNT REGISTRATION
To access and use certain services and features provided on the Platform, you may need to register an account. By registering an account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration process and to maintain and promptly update this information to keep it accurate, current, and complete. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account.
3.SERVICES
Your use of SkyNet services, including, but not limited to, Internet service, Wi-Fi access, and purchase and use of the SkyNet Kit, is also subject to the terms and conditions of the Service Agreement. Please refer to the Service Agreement and your order terms for the products purchased and subscribed services. By purchasing, subscribing to, and/or using any of such products and services, you agree to be bound by and accept the Service Agreement. In the event of any conflict between these Terms and the Service Agreement, the Service Agreement shall prevail to the extent necessary to resolve such conflict.
4.ACCOUNT ACCESS
SkyNet grants you permission to access and use the Platform for your personal use, including to use in connection with your purchased products and subscribed services. We reserve the right to restrict, suspend, or terminate your access to the Platform at any time, without prior notice, for any reason or no reason, including if we believe that you have violated these Terms, the Service Agreement, or when it is necessary to protect our or third-party interests, property, and rights, or when the applicable subscribed services have been terminated or suspended. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Platform without notice.
5.ONLINE ORDERS
- Right to Cancel or Limit: We reserve the right to cancel, limit, or refuse any order placed on the Platform at our sole discretion, even after a confirmation has been sent to you. We may exercise this right for reasons including, but not limited to, inaccuracies or errors in product or service descriptions, pricing information, limitations on quantities available for purchase, inaccuracies in order or account information, or any violation of these Terms. If we cancel, limit, or refuse an order, we will notify you promptly.
- Delivery and Shipping: We make every effort to deliver products to you in a timely manner. However, delivery dates and shipping times provided on the Platform are estimates only and are not guaranteed. We do not guarantee delivery or shipping times, and any information provided regarding delivery or shipping times is for estimation purposes only.
6.REFUNDS AND LIMITED WARRANTY
Products purchased directly from SkyNet are not eligible for returns or refunds. These products will be subject to our Returns & Limited Warranty Policy.
7.INFORMATION ON THE PLATFORM
- We will use reasonable efforts to include accurate and up-to-date information on our Platform, including pricing, fees, and charges, but make no warranties or representations of any kind as to its accuracy, currency, or completeness. We reserve the right to update, modify, correct, or remove any information on the Platform and the right to make changes to and remove any content, features, or functionality of the Platform without notice. It is your responsibility to regularly review the Platform for any updates or changes.
- The images displayed on the Platform are intended for illustrative purposes only. Please note that the actual product or item depicted in the images may differ in appearance, color, or size when compared to the physical product. We do our best to ensure that the images accurately represent the products, however, variations may occur due to factors such as screen resolution, photography conditions, and individual perception. Therefore, we do not guarantee that the images accurately depict the physical products, and we encourage you to review the product descriptions and specifications for an accurate representation of the items.
8.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.
9.PROMOTION CODE AND VOUCHER
SkyNet may offer promotion codes or coupons that can be used to get discounts on purchases made through the Platform. Only one promotion code or coupon can be applied to an order, and they cannot be redeemed for cash, transferred, or combined with any other offer, promotion, or discount. If a promotion code or coupon has an expiration date, it must be used within the specified time frame, and SkyNet reserves the right to modify or cancel them at any time without notice. Promotion codes or coupons are void if they are reproduced, altered, or restricted by law, and their use may be subject to additional specific terms and conditions. By using a promotion code or coupon, you agree to comply with these Terms. Also, SkyNet reserves the right to deny or revoke the use of any promotion code or coupon if it determines that the use is in violation of these Terms or is otherwise fraudulent, or illegal. Once it has been used, it cannot be used again even if a purchase is canceled or returned.
10.MARKETING MESSAGES AND TELEPHONE CALLS
You may receive marketing communications from us through SMS, email, and/or telephone calls by providing your email or phone number. If required by applicable laws, we will obtain your prior written consent before sending you these communications. These communications may include, but are not limited to, promotional offers, updates on new products and services, newsletters, and other marketing or informational content. You understand and agree that these messages maybe sent using an automatic telephone dialing system, artificial or pre-recorded voice messages or text messages. Your consent is not a condition of purchase. Message and data rates may apply to any SMS or MMS messages sent or received by your mobile service provider. You are responsible for these charges, and they can vary depending on your carrier and plan. The frequency of marketing messages may vary.
You can opt out of marketing communications anytime. Unsubscribe from emails via the provided link or reply "unsubscribe" to any email. To stop text messages, reply "STOP" to any SMS. To opt out of calls, ask a customer service representative to add you to our Do Not Call list or send us an email with the request.
Please note that opting out of marketing communications will not affect service-related communications, including essential updates, notifications, system messages, or other important information related to the services you are subscribed to.
If you have other concerns or need assistance opting out of these communications, please email customerservice@wirelessSkyNet.com
11.YOUR CONTENT AND SUBMISSION
- Your Content and Submission. Our Platform may offer features such as message boards, online forums, and other interactive functions (collectively, "Forums"), which allow you to interact with us or other users, and submit text, suggestions, ideas, reviews, feedback, concepts, comments, messages, photos and videos, artwork, or other materials to the Forums ("Your Content"). You understand that Your Content will not be treated as confidential or proprietary, and your submission is voluntary. We shall have no obligation of any kind with respect to Your Content.
- Our Rights to Use Your Content. You own all rights to Your Content. You irrevocably grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable and sub-licensable right to use, reproduce, distribute, modify, adapt, publish, translate, create derivative works of, exploit, and publicly display Your Content without restriction and attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Your Content, whether in part or in whole, in all formats and all media now known or hereinafter discovered.
- Your Representation and Warranties. You represent and warrant to us that you own or have the rightful authority or license to submit Your Content to our Platform and to grant us the licenses and rights under this section.
- Our Right to Remove Your Content. We are under no obligation to use or monitor Your Content and you are solely responsible for Your Content. At our sole discretion, we reserve the right to remove any of Your Content with or without reason and without notice to you.
12.OUR INTELLECTUAL PROPERTY RIGHTS
As between you and SkyNet, all content, software, copyrights, trademarks, patents, service marks, logo, art, text, images, photos, video, audio, music, visual interfaces, interactive features, graphics, design on and "look and feel" of our Platform, products, and services, and all intellectual property right related thereto are owned by or licensed to SkyNet and its parents and affiliates ("Our Content"). Our Content is subject to copyright, trademark, and other intellectual property rights under United States laws, foreign laws, and international conventions.
These Terms do not grant you any right, title, or interest in our Platform or Our Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adapt of, publicly display or in any way exploit any of Our Content, in whole or in part, except as expressly authorized by us or permitted by laws.
Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable license to access and use our Platform and Our Content solely for your own personal, non-commercial use and enjoyment of our Platform. We reserve all rights not expressly granted to you by these Terms.
13.COPYRIGHT COMPLAINTS
SkyNet respects the intellectual property rights of others. If you hold the copyright to a work that you believe has been copied and posted, stored, or transmitted on the Platform in a way that infringes on your copyright, you can send us a takedown notice in accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") under 17 U.S.C. §§512(b) – (d) to our designated agent, who will receive notification of claimed infringement.
SkyNet Copyright Agent
Wireless (US) Inc.
3000 El Camino Real, Suite 5-300
Palo Alto, California 94306
Upon receipt of a valid DMCA takedown notice, SkyNet will review the notice and may take down the allegedly infringing material. We will also send a copy of the takedown notice to the alleged infringer to provide them with an opportunity to respond or challenge the takedown request.
We will delete any user-generated content that infringes on the intellectual property of a third party. Your account may be suspended or terminated for multiple infringements or for violating these Terms of Use.
14.THIRD-PARTY LINKS AND CONTENT
Please note that our Platform may include links to other websites or third-party applications that are not owned or operated by us. The presence of these links does not imply any endorsement or approval of the linked websites or third-party applications. We do not own, control, or endorse them and are not responsible for their compliance with laws, practices, or accuracy. It is important for you to review the terms and conditions of any linked website, and your use of these websites and applications is at your own risk.
15.ACCEPTABLE USE POLICY
You agree to use our Platform in accordance with these Terms and not to engage in illegal, fraudulent, or other wrongful conduct, including, but not limited to, the terms in our Acceptable Use Policy.
16.INDEMNITY
You agree to defend, indemnify and hold SkyNet, its parents, subsidiaries, affiliates, and their respective officers, partners, agents, and employees harmless from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorney's fees) in any way related to or arising out of: (i) your access to or use of our Platform; (ii) Your Content; and/or (iii) your breach of these Terms.
17.TERMINATION
We reserve the right, in our sole discretion, to terminate or suspend our Platform, in whole or in part, including terminating or suspending your access to our Platform, at any time for any reason or no reason without notice to you. If your subscribed services are canceled, terminated, or suspended, your access to certain corresponding features and services on the platform will likewise be canceled, terminated, or suspended. You agree that we will not be liable to you or to any third party for the consequence of such termination or suspension. In such an event, you agree that you will still be bound by your obligations under these Terms.
18.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 Claim 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 disputes or claims 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.
19.GOVERNING LAW & VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. If the arbitration provision above permits, or when allowed under applicable laws, for the parties to litigate in court, 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 claims).
20.DISCLAIMERS AND LIMITATIONS OF LIABILITY
DISCLAIMER. EXCEPT AS SET FORTH UNDER THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, SKYNET PROVIDES THE PLATFORM "AS IS" AND "AS AVAILABLE," INCLUDING ALL INFORMATION, CONTENT, MATERIALS, FEATURES AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR PLATFORM, 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. 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 PLATFORM, 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 AND ANY OTHER SKYNET SERVICES 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, SKYNET KIT, OR THE PLATFORM, 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.OTHER TERMS
- Assignment. Neither these Terms nor any right hereunder may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission will be void. We may assign these Terms in whole or in part without notice.
- Entire Agreement. These Terms, including our Privacy Policy, Acceptable Use Policy, Service Agreement, and any other agreement and policies incorporated herein, constitute the entire agreement between the parties with respect to their subject matter and supersede any prior or contemporaneous agreements, communications, and negotiations with respect thereto.
- No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision on our part.
- Severability. If a court of competent jurisdiction finds any provision of these Terms unlawful or unenforceable, the remaining portions will remain in full force and effect, and such unenforceable provisions shall be construed and enforced in a manner that most closely reflects the intent of the original language to the extent permitted under the laws.
- 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 Platform.
- 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.
- Electronic Delivery of Notices and Communications.You agree to receive all communications, correspondences, agreements, and notices related to the Platform and any services or products offered through the Platform, including but not limited to messages about service delivery, subscription updates, maintenance notifications, billing information, and other service-related notices (collectively, "Communications"). These Communications will be delivered electronically 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 all Communications provided electronically satisfy any legal requirement for written communication. As a customer, you are responsible for keeping your SkyNet account contact information up to date.
22.Apple App Store Notice
If you have downloaded our mobile application from Apple's App Store, you acknowledge that you have read, understood and agree that these Terms are between you and SkyNet, and not with Apple. Apple is not responsible for the Platform and has no obligation to furnish any maintenance and support services with respect to the Platform. Apple is also not responsible for addressing any claims by you or any third party relating to the Platform or your possession or use of the Platform. If we fail to conform with an applicable warranty under these Terms, you may notify Apple, and Apple will refund the purchase price, to the extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the Platform, including any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. You further acknowledge that it is SkyNet, not Apple, is responsible for addressing any claims relating to the Platform, including, but not limited to, product liability claims, any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and any claims arising under consumer protection, privacy, or similar legislation. SkyNet, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claim in the event of any third-party claim that the Platform or your use of the Platform infringes third party's intellectual property rights. Upon your acceptance of these Terms, you agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you as third-party beneficiary.
23.MODIFICATIONS
We may modify these Terms from time to time, in our sole discretion, without notice to you. However, if a modification reduces your rights in a meaningful way, we will notify you of such modification the next time you visit or use our Platform. You should check these Terms regularly. You understand and agree that your continued use of our Platform after any posted modification to these Terms indicates your acceptance of those modifications.
24.CONTACT
Wireless (US) Inc.
3000 El Camino Real, Suite 5-300
Palo Alto, California 94306
